IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30735 of 2010(N) -------------------------- PETITIONER(S): --------------- SMT. THAYANA BALAMANI, AGED 45 YEARS, D/O. KELAPPAN NAIR, P.O.KURICHIKAKAM, VELOM PANCHAYAT, VATAKARA, KOZHIKODE DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.U.P.BALAKRISHNAN SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTION COMMISSION, TRIVANDRUM-695033. 2. THE RETURNING OFFICER, KOZHIKODE DISTRICT PANCHAYAT ELECTION, O/O DISTRICT COLLECTOR, KOZHIKODE-1. 3. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY SECRETARIAT, TRIVANDRUM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30735 of 2010 ----------------------------------------- Dated this the 7th day of October, 2010 JUDGMENT The elections to the Grama Panchayats at different levels in the State of Kerala was notified by the Government under section 38 of the Kerala Panchayat Raj Act, 1994, hereinafter referred to as the Act for short, by a notification published in the Kerala Gazette dated 27.9.2010. Thereupon, the Election Commission issued and published the schedule for elections on the same day. As per the notification issued by the State Government, a copy of which is on record as Ext.P1, in respect of Grama Panchayats other than Velom Grama Panchayat, elections were to be held on two days, ie. 23rd and 25th October, 2010. Elections to the Velom Grama Panchayat was later notified by Ext.P3 notification dated 4.10.2010. This was because of the pendency of Writ Appeal No.1082 of 2010 in this Court wherein a Division Bench of this Court had passed an order staying the publication of the final delimitation order by the State Delimitation Commission. The said writ appeal was dismissed by judgment delivered on 7.9.2010. It W.P(C).No.30735 of 2010 -:2:- was thereafter that the elections to Velom Grama Panchayat were separately notified. 2. Velom Grama Panchayat consists of two divisions for the purpose of elections to the Kunnummel Block Panchayat, namely Velom 09 and Cherapuram 10. After the elections were notified to the various levels of Grama Panchayats in the State of Kerala, the draft electoral roll in respect of Velom Grama Panchayat was published on 9.9.2010. The final voters list was published on 1.10.2010. As per the schedule fixed by the State Election Commission, nomination papers were to be submitted during the period from 27.9.2010 to 4.10.2010 and scrutiny was to be conducted on 6.10.2010. The last date fixed for withdrawal of nominations is today, namely 7.10.2010. After the last date for submission of nominations was over, the petitioner moved the State Election Commission seeking postponement of the last date for submission of nominations in respect of Kozhikode District Panchayat upto 11.10.2010 by submitting Ext.P5 representation. The main ground stated therein was that the final electoral roll of Velom Grama Panchayat was published on 1.10.2010 and therefore, it has resulted in denial of opportunity to her to contest the elections to the Kozhikode District Panchayat. This writ petition was thereafter filed yesterday seeking the following reliefs:- W.P(C).No.30735 of 2010 -:3:- (i) direct the 1st respondent to issue election notification or erratum notification in respect of election to Velom division in District panchayat election to Kozhikode District Panchayat by enabling voters in the Velom Panchayat to submit nomination. (ii) issue a writ of mandamus or such other writ directing 1st respondent to extend time to submit nomination to Kozhikode District Panchayat in respect of 5-Velom division by extending time to voters in Velom grama panchayat. The petitioner contends that the belated publication of the electoral roll on 1.10.2010 has disabled her from submitting the nomination for election to the Kozhikode District Panchayat. It is contended that the publication of the electoral roll on 1.10.2010, when the last date fixed for submission of the nominations was 4.10.2010, is illegal. 3. The State Election Commission has, through its standing counsel, filed a statement dated 6.10.2010 stating the circumstances in which the final voters list in respect of Velom Grama Panchayat could be published only on 1.10.2010. However it is stated that the draft voters list was published on 9.9.2010. Shorn of details, the grievance of the petitioner is that she did not have adequate time at her disposal to submit a nomination for contesting in the elections to the Kozhikode District Panchayat. The petitioner has no case in the W.P(C).No.30735 of 2010 -:4:- writ petition that she was unaware of the publication of the final voters list relating to Velom Grama Panchayat on 1.10.2010. As a matter of fact Ext.P2 produced by the petitioner herself would show that she was aware of the publication of the final voters list on 1.10.2010. If the petitioner was desirous of contesting the elections to the Kozhikode District Panchayat she could have submitted the nomination paper either on 1.10.2010 itself or atleast on 4.10.2010. Therefore, the case put forward by the petitioner that she did not have adequate time to submit the nomination paper cannot be countenanced. Further, it is only after the last date fixed for submission of nominations that she moved the State Election Commission. In my opinion, if the petitioner was desirous of contesting in the elections, she had adequate time at her disposal to submit her nomination. The nomination paper in form No.2 and the declaration in form No.2(a) to be submitted along with it, namely, the statement of assets and liabilities, runs into four pages only. The petitioner is not a member of a scheduled caste community and therefore, it was not necessary for her to submit a caste certificate along with the nomination papers. All that she is required to do is to fill up the nomination form, affix her signature, get her name proposed by an elector and file it with the Returning Officer along with the declaration in form 2(a). On going through the pleadings and after W.P(C).No.30735 of 2010 -:5:- hearing the submissions made at the Bar to me it appears that the attempt of the petitioner is only to delay the election process. I am therefore, not satisfied that the petitioner has made out a prima facie case warranting interference. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30735 of 2010 ---------------------------- JUDGMENT 7th October, 2010