IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22980 of 2010(V) -------------------------- PETITIONER(S): --------------- ANIL THOMAS, VADAKKEVEETIL ANIL VILLA, AZHOOR, PATHANAMTHITTA P.O., PATHANAMTHITTA-689 645. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. ELECTORAL REGISTRATION OFFICER, (MUNICIPAL SECRETARY) PATHANAMTHITTA MUNICIAPALITY MUNICIPAL OFFICE, PATHANAMTHITTA. 2. DISTRICT ELECTION OFFICER, PATHANAMTHITTA. 3. KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22980/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2010 J U D G M E N T The petitioner is a voter from Ward No.29 of Pathanamthitta Municipality. The complaint raised in this writ petition is regarding the non compliance of the Rules 13 and 14 of the Kerala Municipalities (Registration of Electors) Rules, 1994. It is submitted in the writ petition that from 01/07/2010 onwards the first respondent is receiving several applications for inclusion of names, deletions of names and change of particulars. Rules 13 and 14 of the Rules obliges the first respondent to exhibit one copy of each list in the notice board as and when it is received. It is averred in the writ petition that till date the first respondent did not publish any such list as prescribed in the above Rules, which has denied the opportunity for the petitioner and other similar political workers to submit their objections before the Electoral Officer. Exts.P1 and P2 are the copies of the representations submitted before the first and the third respondents. 2. The learned Standing Counsel for the Election Commission has filed a statement. It is submitted in paragraph (4) that the first respondent published the draft W.P.(C). No.22980/2010 -:2:- electoral rolls on 01/07/2010 and, accordingly, the claims and objections submitted in respect of the draft electoral rolls were received till 20/07/2010. From 01/07/2010 onwards, the details of all the claims and objections received in respect of the draft electoral rolls were duly exhibited on the notice board as provided under Rules 13(b) and 14(b) of the Kerala Municipalities (Registration of Electors) Rules, 1994. Moreover, copies of the claims and objections received in respect of the draft electoral rolls from 01/07/2010 onwards till 20/07/2010 were also given to all the political parties and to the public in general; who had requested for the same. Accordingly, the first respondent denies the allegations stated in the writ petition. It is pointed out that the last date for filing the claims and objections in respect of the draft electoral rolls of Pathanamthitta Municipality has expired on 20/07/2010 and going by Section 80 of the Kerala Municipality Act read with Rule 25 of the Kerala Municipalities (Registration of Electors) Rules, 1994 even after the publication of the final electoral roll, applications can be submitted for correction of entries and inclusion of names in the final electoral roll; with the only exception being that no inclusion or deletion of names in the electoral roll can be made between the last date for W.P.(C). No.22980/2010 -:3:- making nomination for the forthcoming election and before the completion of the said election. 3. It is pointed out by the learned Standing Counsel that the enquiry with regard to the objections are going on even now. The learned Standing Counsel further submitted that the petitioner can verify with reference to the notice board, which lists are completed. The said submission is recorded. It is upto the petitioner to pursue his objections before the Electoral Registration Officer, and the petitioner can also seek remedy under Rule 25 of the Rules and read with Section 80 of the Act. It is submitted by the learned Standing Counsel that copies of these lists, in respect of Ward No.29, can be issued to the petitioner, on his application, on usual terms. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms