IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31120 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. MARY VARGHESE,W/O.VARGHESE, VATTAPARAMBAN HOUSE, NAYATHODU PO, ANGAMALY-683 572. 2. YOHANNAN VARGHESE,POOVELI HOUSE, NAYATHODU PO, ANGAMALY-683 572. 3. ANNIE YOHANNAN,POOVELI HOUSE, NAYATHODU PO, ANGAMALY-683 572. 4. SUBIN JOHN, POOVELI HOUSE,NAYATHODU PO, ANGAMALY-683 572. 5. PAILY VAREED, POOVELI HOUSE,NAYATHODU PO, ANGAMALY-683 572. 6. SIMI SABU, POOVELI HOUSE,NAYATHODU PO, ANGAMALY-683 572. 7. VELAYUDHAN,THURUTHEMMEL HOUSE, NAYATHODU PO, ANGAMALY-683 572. 8. DEVASSY ITTEERA, POOVELI HOUSE, NAYATHODU PO, ANGAMALY-683 572. 9. JAIMOL POULOSE, POOVELI HOUSE,NAYATHODU PO, ANGAMALY-683 572. ] 10. PAPPACHAN POULO,VATTAPARAMBAN HOUSE, NAYATHODU PO, ANGAMALY-683 572. 11. KUNJAVARA POULO,VATTAPARAMBAN HOUSE, NAYATHODU PO, ANGAMALY-683 572. 12. ANNAMKUTTY POULO, ALUKKA PUTHUSSERRY HOUSE, NAYATHODU PO, ANGAMALY-683 572. 13. CICILY GEORGE, ALUKKA PUTHUSSERRY HOUSE, NAYATHODU PO, ANGAMALY-683 572. WP(C).No. 31120 of 2010(L) : 2 : 14. MARIAM OUSEPH, PALATTY HOUSE,NAYATHODU PO, ANGAMALY-683 572. 15. SUNITHA GEORGEKUTTY,PAINADATH HOUSE, NAYATHODU PO, ANGAMALY-683 572. 16. VARGHESE PAPPACHAN,ALUKKAPUTHUSSERRY HOUSE,NAYATHODU PO, ANGAMALY-683 572. 17. AJEESHKUMAR, S/O.SUBRAMANIAN, IKKAPARAMBU HOUSE,NAYATHODU PO, ANGAMALY-683 572. 18. LUCY GIRVASIS,ALUKKA PUTHUSSERRY HOUSE, NAYATHODU PO, ANGAMALY-683 572. 19. RAICHAL ELIAS,AREECKAL HOUSE, NAYATHODU PO, ANGAMALY-683 572. 20. MERIN ELIAS,AREECKAL HOUSE, NAYATHODU PO, ANGAMALY-683 572. 21. JILBY JAINO,AIKKARETH HOUSE, NAYATHODU PO, ANGAMALY-683 572. 22. BIBI POULOSE,PUTHUSSERRY HOUSE, NAYATHODU PO, ANGAMALY-683 572. 23. SMITHA KUTTAN,KUNHITHEMALI HOUSE, NAYATHODU PO, ANGAMALY-683 572. 24. GEORGE VARGHESE,KOORAN HOUSE, NAYATHODU PO, ANGAMALY-683 572. 25. KUNJANAM ITTEERA,KOLENCHERRY HOUSE, NAYATHODU PO, ANGAMALY-683 572. 26. SHIJU ITTEERA,KOLENCHERRY HOUSE, NAYATHODU PO, ANGAMALY-683 572. 27. SABU ANTONY,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 28. BINOJ KUTTAPPAN,KOTTAL HOUSE, NAYATHODU PO,ANGAMALY 683 572. 29. MARY PAPPACHAN,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. 30. SHIJU MARY,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. WP(C).No. 31120 of 2010(L) : 3 : 31. REENA SHIJU,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. 32. MINI SABU, POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 33. JINCY JOSEPH,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 34. ELIA VARGHESE, POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 35. ANTOO VARGHESE, POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 36. POLCY ANTOO,POOVELI HOUSE NAYATHODU PO,ANGAMALY 683 572. 37. MOLLY VARGHESE,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 38. THANDA DEVASSY,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. 39. ANCY ANTONY,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. 40. PAPPACHAN ANTONY,AIKKARETH HOUSE, NAYATHODU PO,ANGAMALY 683 572. 41. LISSY PAPPACHAN,AIKKARETH HOUSE, NAYATHODU PO,ANGAMALY 683 572. 42. JAINO VARGHESE, AIKKARETH HOUSE, NAYATHODU PO,ANGAMALY 683 572. 43. ROY ANTONY,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 44. JINCY ROY,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 45. ANTOO .P.D,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 46. BINDU BIJU,POOVELI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 47. DIVIN VARKEY,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. WP(C).No. 31120 of 2010(L) : 4 : 48. SAVITHA PAPPACHAN,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. 49. GLORIYA VARGHESE,VATTAPARAMBAN HOUSE, NAYATHODU PO,ANGAMALY 683 572. 50. POULOSE OUSEPH,VATTAPARAMBAN HOUSE NAYATHODU PO,ANGAMALY 683 572. 51. PRIYAMANI,SHANMUGHAKHANI HOUSE, NAYATHODU PO,ANGAMALY 683 572. 52. MANI.K.RAJU, MAMMOOTTIL HOUSE,NAYATHODU PO,ANGAMALY 683 572. BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSION, KERALA,REP.BY ITS SECRETARY, GENERAL POST OFFICE,THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT ELECTION OFFICER, CIVIL STATION, KAKKANAD PO, ERNAKULAM, KOCHI 682 030. 3. THE ELECTORAL REGISTRATION OFFICER, ANGAMALY MUNICIPALITY,ANGAMALY 683 572,ANGAMALY PO 4. THE SECRETARY/SECRETARY-IN-CHARGE, ANGAMALY MUNICIPALITY,ANGALAMY 683 572,ANGAMALY PO 5. THE RETURNING OFFICER FOR ELECTION TO ANGAMALY MUNICIPALITY, ANGAMALY 683 572, ANGAMALY PO. 6. THE REGIONAL JOINT DIRECTOR, URBAN AFFAIRS,CIVIL STATION,KAKKANAD,KAKKANAD PO, KOCHI 682 030. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R-1 SRI.S.SHAREEN, SC. ANGAMALY MUNICIPALITY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.31120 of 2010 ----------------------------------------- Dated this the 12th day of October, 2010 JUDGMENT The petitioners, 52 in number, are residents of ward No.15 of Angamaly Municipality. They have filed this writ petition aggrieved by the deletion of the names of petitioners 2 to 52 from Ext.P1 final voters list that was published on 16.8.2010. It is contended that the names of petitioners 2 to 52 and 38 others named in Ext.P2 list were deleted without notice to them and behind their back. The petitioners contend that the deletion of the names of petitioners 2 to 52 and 38 other persons from Ext.P1 final electoral roll relating to ward No.15 is illegal and is liable to be set aside. 2. Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission, submitted that Sri.V.K.Rajan, Secretary of Angamaly Municipality, was the Electoral Registration Officer of Angamaly Municipality who prepared and published Ext.P1 final electoral roll. It is stated that Sri.V.K.Rajan was placed under suspension on 30.9.2010 and W.P(C).No.31120 of 2010 -:2:- thereafter Sri.K.O.Poulose, Superintendent of Angamaly Municipality was given charge of Secretary of Angamaly Municipality and that in that capacity he was the Electoral Registration Officer of Angamaly Municipality with effect from 1.10.2010. The learned standing counsel submitted that names of petitioners 2 to 52 and 38 other persons named in Ext.P2 were deleted on the basis of individual applications in Form No.8 submitted by Sri.Babu Varghese, that many of the applications did not bear the date or the full postal address of the applicant and that no notice was issued to the persons whose names were sought to be deleted before Ext.P2 list of deletions was issued. In other words, it is conceded at the Bar that the names of 89 voters were deleted from Ext.P1 final electoral roll without notice to them on 4.1.2010, the last date stipulated for submission of nominations. 3. It is evident from the stand taken by the State Election Commission that the names of petitioners 2 to 52 and 38 others were deleted from Ext.P1 final electoral roll without notice to them and behind their back and that after such deletion Ext.P2 list was published on 4.10.2010. In the light of the admitted fact that the procedure prescribed under the Kerala Municipality (Registration of Electors) Rules was not followed before the names of 89 voters named in Ext.P2 were deleted from Ext.P1 final electoral roll, it has to be necessarily W.P(C).No.31120 of 2010 -:3:- held that the said deletion is illegal. Having regard to the peculiar facts of this case and the admitted fact that before the names of 89 persons were deleted from Ext.P1 final electoral roll they were not put on notice or heard, I am of the opinion that the illegality committed by the Electoral Registration Officer requires to be corrected. In the result I allow the writ petition and direct the Electoral Registration Officer of Angamaly Municipality, who is also the Secretary of the Angamaly Municipality, to treat all the persons named in Ext.P2 as persons who are included in Ext.P1 final electoral roll. This shall be done forthwith and the petitioners shall be permitted to vote, if they report at the Polling Booth in time for voting. The State Election Commission shall also issue necessary instructions to the Returning Officers concerned. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.31120 of 2010 ---------------------------- JUDGMENT 12th October, 2010