IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 30887 of 2010(I) -------------------------- PETITIONER: --------------- ABDUL MANAF, THOTTATHIL HOUSE, AYROOR P.O., VARKALA. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENTS: --------------- 1. STATE ELECTION COMMISSIONER, OFFICE OF THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM PIN - 695001. 2. RETURNING OFFICER, G 70, ELAKAMON GRAMA PANCHAYATH & RE-SURVEY SUPERINTENDENT, KAZHAKOOTTAM PIN- 695082. 3. ASSISTANT RETURNING OFFICER, ELAKAMON GRAMA PANCHAYATH, THIRUVANANTHAPURAM PIN - 695001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30887 OF 2010 -------------------------- Dated this the 8th day of October, 2010 J U D G M E N T The petitioner, a resident of Ward No.15 of Elakamon Grama Panchayat in Thiruvananthapuram district, submitted his nomination paper on 30.9.2010 for contesting in the ensuing elections. At the time of scrutiny on 5.10.2010, the Returning Officer rejected the petitioner's nomination paper on the ground that the relevant portion of the electoral roll relating to the petitioner was not enclosed along with the nomination paper. The said decision was communicated to the petitioner by Ext.P2. Ext.P2 is under challenge in this writ petition. The main contention raised by the petitioner is that no provision of law enjoins a candidate who is contesting in the ward in which he is an elector, to produce a copy of the electoral roll along with the nomination paper and therefore the rejection of the petitioner's nomination paper is arbitrary and illegal. 2. The Apex Court and this Court has consistently held in a series of decisions that once the election process has commenced, individual grievances cannot be redressed by way of writ petitions and that the remedy of the candidate whose nomination has been WPC No.30887/2010 2 illegally rejected is to challenge the election of the returned candidate by way of an election petition. Further, as per the election schedule notified by the State Election Commission, the list of valid nominations was published yesterday. Sri. Murali Purushothaman, learned standing counsel for the State Election Commission submits that the work of printing ballot papers has also commenced. In such circumstances, I am of the opinion that no relief could be granted to the writ petitioner. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the election of the returned candidate, if so advised, in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No.30887/2010 3