IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27388 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. M.K.ARUNAKSHI,AGED 55 YEARS, W/O.KUNHAMBU NAIR,SREE NILAYAM,ANANKODE, MULIYAR,KASARGODE. 2. BHARGAVI.T,NEAR PULLIKKARINGALI BHAGAVATHI TEMPLE, KODAVANJI HOUSE, PO MULIYAR,KASARGOD. 3. K.ACHUTHAN,S/O.NARAYANAN,KODAVANJI HOUSE,PO MULIYAR,KASARAGOD. 4. K.BHASKARAN NAIR, KODAVANJI HOUSE,PO MULIYAR,KASARAGOD. 5. SACHINKUMAR.M.P,S/O.M.BHASKARAN NAMBIAR,KODAVANJI HOUSE,PO MULIYAR,KASARAGOD. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.B.RAVEENDRAN RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSIONER, REPRESENTED BY THE SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. STATE DELIMITATION COMMISSION, REPRESENTED BY THE CHAIRMAN,SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR,KASARGOD. 4. ELECTORAL REGISTRATION OFFICER, MULIYAR GRAMA PANCHAYAT,KASARGOD. 5. MULIYAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1,2 GOVERNMENT PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.27388 of 2010 ----------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioners, who are residents of Ward No.3, (formerly Wad No.4) of Muliyar Grama Panchayat, have filed this writ petition seeking a direction to the Electoral Registration Officer of the said Gama Panchayat to consider and pass orders on Ext.P6 representation within a time limit to be fixed by this Court. The petitioners have also prayed for a direction to the Electoral Registration Officer of Muliyar Grama Panchayat and the Grama Panchayat to rectify the mistakes in the voters' list. It is contended that a large number of ineligible persons have been included in the voters' list relating to Ward No.3 of Muliyar Grama Panchayat and that the Electoral Registration Officer ought to have on receipt of Ext.P6 representation from the first petitioner removed the names of ineligible voters from the voters' list. 2. A statement dated 4.9.2010 has been filed for and on behalf of the State Election Commission. It is stated that the final delimitation order in respect of the Muliyar Grama Panchayat was W.P(C).No.27388 of 2010 -:2:- published in the Kerala Gazette (Extra ordinary) dated 30.6.2010 and that upon receipt of Ext.P6 representation the Electoral Registration Officer of Muliyar Grama Panchayat had given Annexure A reply dated 4.9.2010 to the first petitioner informing him that if applications in the prescribed form are submitted for deletion of names of voters from the voters' list within the time stipulated for the purpose, such applications would be considered. 3. A reading of Ext.P6 indicates that the grievance voiced therein is two fold. The first grievance relates to the validity of the final delimitation order. In view of the provisions contained in section 10(3A) of the Kerala Panchayat Raj Act, 1994 read with Article 243-O (a) of the Constitution of India, the delimitation order issued by the State Delimitation Commission is immune from challenge. Therefore, the objection raised by the first petitioner in Ext.P6 representation to the validity of the delimitation order cannot be examined by any authority, much less by the Secretary of the State Election Commission. As regards the other grievance, namely deletion of names of voters from the voters' list, the first petitioner has been informed that if separate applications in the prescribed form are received, such applications will be considered. Under the provisions of rule 25 of the Kerala Panchayat Raj (Registration of Electors) Rules, W.P(C).No.27388 of 2010 -:3:- 1994 applications for deletion of names from the voters' list have to be made in Form No.8. Such an application can be made only by an elector of the constituency to which the electoral roll relates. The ground on which the name of the voter, which is required to be deleted, is also required to be set out in the application. The applicant will have to declare that the facts mentioned by him are true and correct. It is also stipulated that if an application is submitted with a false declaration the applicant is liable to be punished under section 27 of the Kerala Panchayat Raj Act, 1994. What the petitioners seek by filing Ext.P6 representation is to avoid submission of applications in the manner prescribed by law. Such a course of action, according to me, cannot be countenanced. If the petitioners have a grievance that the name of any voter has been wrongly included in the voters' list of Ward No.3, their remedy is to submit separate applications in respect of each such voter in the manner prescribed in rule 25 of the aforesaid rules. As a matter of fact, the Electoral Registration Officer has informed the first petitioner that if such applications are filed within the time stipulated, namely seven days prior to the last date fixed for submission of nomination papers, the applications will be examined and a decision taken. W.P(C).No.27388 of 2010 -:4:- In such circumstances I am of the considered opinion that the reliefs prayed for by the petitioners cannot be granted. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.27388 of 2010 ---------------------------- JUDGMENT 7th September, 2010