Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 8436 OF 2019 PETITIONER/S:
1 VINEETHA GIREESH, AGED 41 YEARS W/O.GIREESAN, KUNNATH MANA, KEEZHAYUR P.O., PATTAMBI, COUNCILOR, DIVISION NO.15, PATTAMBI MUNICIPALITY, PATTAMBI P.O., PALAKKAD DISTRICT - 679 303. 2 A.R.KRISHNAVENI, AGED 53 YEARS W/O.K.UNNIKRISHNAN, ACHATHU PALLIYALIL HOUSE, AMAYUR P.O., PALAKKAD DISTRICT - 679 303, COUNCILOR, DIVISION NO.2, PATTAMBI MUNICIPALITY. 3 GIRIJA, AGED 46 YEARS W/O.LATE MADHUSOODANAN, PATTATHODI HOUSE, SANKARAMANGALAM, PATTAMBI, COUNCILOR, DIVISION NO.3, PATTAMBI MUNICIPALITY - 679 303. BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.AVINASH P RAVEENDRAN
RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 678 001. 2 THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, COMMISSION OFFICE, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 033. 3 K.C.GIRESH, LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O., -2- PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26, PATTAMBI MUNICIPALITY - 679 303. 4 THE PATTAMBI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PATTAMBI - 679 303. BY ADVS. SRI.TPM.IBRAHIM KHAN (SR.) SHRI.DEEPU LAL MOHAN, SC, KERALA STATE ELECTION COMMISSION SMT.P.J.RAZIA BEEVI OTHER PRESENT: SR.GP.K.P.HARISH; THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8124/2019, DELIVERED THE FOLLOWING: -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WA NO. 971 OF 2019 AGAINST THE ORDER IN WP(C) NO.8124 OF 2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 A.K.AKBAR AGED 50 YEARS S/O.MOIDEEN, APPAMKANDATHIL VEEDU, KEEZHAYUR.P.O., PALAKKAD. 2 SHEEJA AGED 1 YEARS D/O.ABBULU, CHERKUZHIYATHU HOUSE, LIBERTY STREET, PATTAMBI.P.O., PALAKKAD-679303. 3 SANGEETHA AGED 1 YEARS D/O.PRABHAKARAN NAIR, SREEVILAS, MELEPATTAMBI.P.O., PALAKKAD-679306. 4 MANIKANDAN.K.C. AGED 1 YEARS S/O.PADMANABHAN NAIR, SREELAKAM, LIBERTY STREET, PATTAMBI.P.O., PALAKKAD-679303. BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.K.V.KRISHNAKUMAR SRI.T.S.SARATH SRI.NAVOD PRASANNAN PATTALI
RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHPURAM-695001. 2 THE KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY. -4- 3 MR.K.C.GIRISH, LATHA MANDIRAM, VADAKKUMURI, PATTAMBI.P.O., PALAKKAD-679303. BY ADVS. SHRI.DEEPU LAL MOHAN, SC, KSEC SR. GP. V. TEKCHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WA NO. 972 OF 2019 AGAINST THE ORDER IN WP(C) NO.8108 OF 2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 UMMER PALATHINKAL AGED 62 YEARS S/O.HAMSA HAJI, PALATHINKAL VEEDU, ANTHOOR PALLIYAYIL, KEEZHAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.20, PATTAMBI MUNICIPALITY, PIN-679 303. 2 K.V.A. JABBAR, AGED 58 YEARS S/O.HAMSA HAJI, KODUVAYKAL HOUSE, KODALUR, MELE PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.06, PATTAMBI MUNICIPALITY, PIN-679 303. 3 KUNJUMUHAMMED RASHEED (K.P.VAPPUTTI), AGED 64 YEARS S/O.K.P.POKKER, KOPPATH PARAMMEL HOUSE, COLLEGE STREET, MELE PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.12, PATTAMBI MUNICIPALITY, PIN-679 303. 4 MUSHTHAQ ABDUL NAZEER, AGED 39 YEARS S/O.HASSAN MADAYIKOLMANNIL HOUSE, MELE PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.13, PATTAMBI MUNICIPALITY, PIN-679 303. 5 ABUDL HAKKIM RAZY, AGED 38 YEARS S/O.ABDUL SALAM, CHIRAKKAL VEEDU, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.04, PATTAMBI MUNICIPALITY, PIN-679 303. 6 BULKEEZ, AGED 42 YEARS D/O.MAJEED, KALLIVALAPPIL HOUSE, LAKSHAM VEEDU COLONY, AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, -6-
COUNCILOR, DIVISION NO.01, PATTAMBI MUNICIPALITY, PIN-679 303. 7 MUNEERA, AGED 29 YEARS D/O.HANEEFA, PATHIYIL VEEDU, KODALUR, MARUTHUR P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.05, PATTAMBI MUNICIPALITY, PIN-679 303. 8 JAYALEKHA, AGED 53 YEARS D/O.KOLAVAN, KALLUPARAMBIL HOUSE, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.08, PATTAMBI MUNICIPALITY, PIN-679 303. 9 SUNITHA AGED 34 YEARS D/O.VELAYUDHAN, PALLIPPATTIL VEEDU, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.08, PATTAMBI MUNICIPALITY, PIN-679 303. 10 AMINA, AGED 42 YEARS D/O.VEERAVUNNI, MUNDANNAYIL VEEDU, MELE PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.11, PATTAMBI MUNICIPALITY, PIN-679 303. BY ADVS. NAVOD PRASANNAN PATTALI SRI.K.V.KRISHNAKUMAR SRI.T.S.SARATH
RESPONDENT/S:
1 K.C.GIRISH, LATHA MANDIRAM VADAKKUMURI, PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26, PATTAMBI MUNICIPALITY, PIN-679 303. 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADVS. SHRI.DEEPU LAL MOHAN, SC, KSEC SR. GP. K. P. HARISH -7-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -8-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 8108 OF 2019 PETITIONER/S:
1 UMMER PALATHINKAL, AGED 62 YEARS S/O.HAMSA, PALATHINKAL VEEDU, ANTHOOR PALLIYAYIL, KEEZHAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.20, PATTAMBI MUNICIPALITY. 2 K.V.A.JABBAR, AGED 58 YEARS S/O.HAMSA HAJI, KODUVAYKAL HOUSE, KODALUR, MELE PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.06, PATTAMBI MUNICIPALITY. 3 KUNJUMUHAMMED RASHEED (K.P.VAPPUTTI), AGED 64 YEARS S/O.K.P.POKKER, KOPPATH PARAMMEL HOUSE,COLLEGE STREET, MELE PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.12, PATTAMBI MUNICIPALITY. 4 MUSHTHAQ ABDUL NAZEER, AGED 39 YEARS S/O.HUSSAN, MADAYIKOLMANNIL HOUSE,MELE PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.13, PATTAMBI MUNICIPALITY. 5 ABDUL HAKKIM RAZY, AGED 38 YEARS S/O.ABDUL SALAM, CHIRAKKAL VEEDU, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.04, PATTAMBI MUNICIPALITY. 6 BULKEEZ, AGED 42 YEARS D/O.MAJEED, KALLIVALAPPIL HOUSE, LAKSHAM VEEDU COLONY, AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.01, PATTAMBI MUNICIPALITY. 7 MUNEERA, AGED 29 YEARS D/O.HANEEFA, PATHIYIL VEEDU, KODALUR, MARUTHUR P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.05, PATTAMBI MUNICIPALITY. -9-
8 JAYALEKHA, AGED 53 YEARS D/O.KOLAVAN, KALLUPARAMBIL HOUSE, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.08, PATTAMBI MUNICIPALITY. 9 SUNITHA, AGED 34 YEARS D/O.VELAYUDHAN, PALLIPPATTIL VEEDU, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.27, PATTAMBI MUNICIPALITY. 10 AMINA, AGED 42 YEARS D/O.VEERAVUNNI, MUNDANNAYIL VEEDU, MELE PATTAMBI, PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.11, PATTAMBI MUNICIPALITY. BY ADVS. BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH SRI.A.HAROON RASHEED
RESPONDENT/S:
1 K.C.GIRISH, LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26, PATTAMBI MUNICIPALITY. 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA SR. GP. K. P. HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -10-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 8124 OF 2019 PETITIONER/S:
1 A.K.AKBAR, AGED 50 YEARS S/O.MOIDEEN, APPAMKANDATHIL VEEDU, KEEZHAYUR P.O., PALAKKAD. 2 SHEEJA, AGED 1 YEARS D/O.ABBULU, CHERKUZHIYATHU HOUSE, LIBERTY STREET, PATTAMBI P.O., PALAKKAD-679303. 3 SANGEETHA, AGED 1 YEARS D/O.PRABHAKARAN NAIR, SREEVILAS, MELE PATTAMBI P.O., PALAKKAD-679306. 4 MANIKANDAN K.C., AGED 1 YEARS S/O.PADMANABHAN NAIR, SREELAKAM, LIBERTY STREET, PATTAMBI P.O., PALAKKAD -679303. BY ADVS. S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SRI.AJAY BEN JOSE SRI.MANJUNATH MENON
RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 THE KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY. -11- 3 MR.K.C.GIRISH, LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O., PALAKKAD-679303. BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA SR. GP. K. P. HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -12-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 10771 OF 2019 PETITIONER/S: M.V.LEELA, AGED 45 YEARS W/O. SURYAN, KUZHIPARAMBIL HOUSE, KODALUR, MELEPATTAMBI P.O, PALAKKAD DISTRICT 679 306 BY ADV P.C.SASIDHARAN RESPONDENT/S: 1 IRSHAD.C.M, CHAMAPARAMBIL HOUSE, MELEPATTAMBI P.O, PALAKKAD DISTRICT 679 306 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 BY ADV SHRI.DEEPU LAL MOHAN, SC, KSEC SR. GP. V. TEKCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 10781 OF 2019 PETITIONER/S: N.MOHANASUNDARAN AGED 68 YEARS NAMBRATHU HOUSE, K.E.THANGAL ROAD, PATTAMBI P.O., PALAKKAD DISTRICT-679303. BY ADV P.C.SASIDHARAN RESPONDENT/S:
1 JITHESH MOZHIKUNNAM MOZHIKUNNATH MANA, MELEPATTAMBI P.O., PALAKKAD DISTRICT-679 306. 2 KERALA STATE ELECTION COMMISSION CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -14-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 10795 OF 2019 PETITIONER/S: GEETHA.P AGED 46 YEARS KANDAPPATHODI, KEEZHAYUR, PATTAMBI P.O., PALAKKAD DISTRICT- 679303. BY ADV P.C.SASIDHARAN RESPONDENT/S:
1 M.AZEEZ, MUNDATH HOUSE, KEEZHAYUR, PATTAMBI P.O., PALAKKAD DISTRICT- 679303. 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA- 695033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. BY ADV SHRI.DEEPU LAL MOHAN, SC, KSEC SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 10808 OF 2019 PETITIONER/S: RAHNABI, AGED 43 YEARS W/O.HAMEED, KALATHILTHODY HOUSE, SANKARAMANGALAM P.O., PALAKKAD DISTRICT - 679 306. BY ADV P.C.SASIDHARAN RESPONDENT/S:
1 PRAKASAN, KALLUPARAMBIL HOUSE, SANKARAMANGALAM P.O., PALAKKAD DISTRICT - 679 306. 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA - 695 033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADV SHRI.DEEPU LAL MOHAN, SC, KSEC SR. GP. K. P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -16-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 10809 OF 2019 PETITIONER/S: SUBRAHMANIAN.P, AGED 51 YEARS PALLIPPATTIL HOUSE, SANKARAMANGALAM P.O, PATTAMBI, PALAKKAD 679 303. BY ADV P.C.SASIDHARAN RESPONDENT/S:
1 P.GOPALAN, PALLIPPATTIL HOUSE, SANKARAMANGALAM P.O, PATTAMBI, PALAKKAD 679 303. 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. BY ADV SHRI. DEEPU LAL MOHAN, SC, KSEC SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -17-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 10834 OF 2019 PETITIONER/S: K.C.GIREESH AGED 49 YEARS LATHA MANDIRAM, LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O, PALAKKAD DISTRICT - 679 303. BY ADVS. P.C. SASIDHARAN SRI. K.S.ANIL RESPONDENT/S:
1 M.K.SUNDARAN MOORKKATTU HOUSE, VADAKKUMURI, PATTAMBI P.O, PALAKKAD DISTRICT - 679 303 2 KERALA STATE ELECTION COMMISSION CORPORATION OFFICECOMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA - 695 033, REPRESENTED BY ITS SECRETARY 3 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 BY ADV SHRI. DEEPU LAL MOHAN, SC, KSEC SR. GP. K. P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -18-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(C) NO. 11755 OF 2019 PETITIONER/S: K.BASHEER AGED 43 YEARS, S/O.LATE ALI, KIZHAKKETHIL HOUSE, KIZHAYOOR P.O., PATTAMBI, PALAKKAD DISTRICT. BY ADVS. BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH SRI.A.HAROON RASHEED RESPONDENT/S:
1 K.C.GIRISH LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26, PATTAMBI MUNICIPALITY - 679 303. 2 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVNANTHAPURAM - 695 033, REPRESENTED BY ITS SECRETARY. 3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADV SHRI.DEEPU LAL MOHAN, SC, KERALA STATE ELECTION COMMISSION SR. GP. V. TEKCHAND -19-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -20-
JUDGMENT
Dated this the 21st day of May, 2024 [W. P. (C) No. 8436 of 2019, W. A. Nos. 971 & 972 of 2019, W. P. (C) Nos. 8108, 8124, 10771, 10781, 10795, 10808, 10809, 10834 & 11755 of 2019]
V. G. Arun, J.
When the matters are taken up for consideration, learned Standing Counsel for the State Election Commission submitted that the disqualification of the writ petitioners, which is the subject matter of challenge herein, does not subsist at this point of time, since the term of the Municipal Council to which the petitioners were elected is over. As such, the disqualification will not have any impact in the future elections. Recording the above submission, these matters are closed. Pending Interlocutory Applications, if any, shall stand closed. Sd/- A. J. DESAI CHIEF JUSTICE Sd/- V. G. ARUN JUDGE Eb -21- APPENDIX OF WP(C) 8436/2019 PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORIGINAL PETITION
NO.40/2018, PREFERRED BY THE 3RD
RESPONDENT BEFORE THE KERALA STATEELECTION COMMISSION.
EXHIBIT P2 TRUE COPY OF ORIGINAL PETITION
NO.43/2018 PREFERRED BY THE 3RD
RESPONDENT BEFORE THE KERALA STATEELECTION COMMISSION.
EXHIBIT P3 TRUE COPY OF ORIGINAL PETITION
NO.44/2018 PREFERRED BY THE 3RD
RESPONDENT BEFORE THE KERALA STATEELECTION COMMISSION. EXHIBIT P4 TRUE COPY OF THE OBJECTION PREFERRED BY THE 1ST PETITIONER IN O.P.NO.40/2018. EXHIBIT P5 TRUE COPY OF THE OBJECTION PREFERRED BY THE 2ND PETITIONER IN O.P.NO.43/2018. EXHIBIT P6 TRUE COPY OF THE OBJECTION PREFERRED BY THE 3RD PETITIONER IN O.P.NO.44/2018. EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE NOTIFICATION DATED 30/04/2015. EXHIBIT P8 TRUE COPY OF THE COMMON ORDER DATED CASES. -22- APPENDIX OF WP(C) 8108/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITION IN O.P.NO.31/2018 FILED BY THE 1ST PETITIONER HEREIN. EXHIBIT P1(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.31/2018 FILED BY THE 1ST PETITIONER HEREIN. EXHIBIT P2 A TRUE COPY OF THE PETITION IN O.P.NO.33/2018 FILED BY THE 2ND PETITIONER HEREIN. EXHIBIT P2(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.33/2018 FILED BY THE 2ND PETITIONER HEREIN. EXHIBIT P3 A TRUE COPY OF THE PETITION IN O.P.NO.34/2018 FILED BY THE 3RD PETITIONER HEREIN. EXHIBIT P3(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.34/2018 FILED BY THE 3RD PETITIONER HEREIN. EXHIBIT P4 A TRUE COPY OF THE PETITION IN O.P.NO.35/2018 FILED BY THE 4TH PETITIONER HEREIN. EXHIBIT P4(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.35/2018 FILED BY THE 4TH PETITIONER HEREIN. EXHIBIT P5 A TRUE COPY OF THE PETITION IN O.P.NO.37/2018 FILED BY THE 5TH PETITIONER HEREIN. EXHIBIT P5(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.37/2018 FILED BY THE 5TH PETITIONER HEREIN. EXHIBIT P6 A TRUE COPY OF THE PETITION IN O.P.NO.39/2018 FILED BY THE 6TH PETITIONER HEREIN. EXHIBIT P6(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.39/2018 FILED BY THE 6TH PETITIONER HEREIN. EXHIBIT P7 A TRUE COPY OF THE PETITION IN O.P.NO.41/2018 FILED BY THE PETITIONER HEREIN. EXHIBIT P7(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.41/2018 FILED BY THE 7TH PETITIONER HEREIN. EXHIBIT P8 A TRUE COPY OF THE PETITION IN O.P.NO.42/2018 FILED BY THE 8TH -23- PETITIONER HEREIN. EXHIBIT P8(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.42/2018 FILED BY THE 8TH PETITIONER HEREIN. EXHIBIT P9 A TRUE COPY OF THE PETITION IN O.P.NO.45/2018 FILED BY THE 9TH PETITIONER HEREIN. EXHIBIT P9(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.45/2018 FILED BY THE PETITIONER HEREIN. EXHIBIT P10 A TRUE COPY OF THE PETITION IN O.P.NO.46/2018 FILED BY THE 10TH PETITIONER HEREIN. EXHIBIT P10(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.46/2018 FILED BY THE PETITIONER HEREIN. EXHIBIT P11 A TRUE COPY OF THE RELEVANT PORTION OF
THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30.04.2015 INTER ALIA CONSTITUTING PATTAMBI MUNICIPALITY.
EXHIBIT P12 A TRUE COPY OF THE DEPOSITION OF PW2 IN O.P.NO.31/2018 AND CONNECTED CASES. EXHIBIT P13 A TRUE COPY OF THE STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 2ND PETITIONER. EXHIBIT P14 A TRUE COPY OF THE STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 3RD PETITIONER. EXHIBIT P15 A TRUE COPY OF I.A.59/2019 ALONG WITH THE AFFIDAVIT SUPPORTING THE SAME FOR EXAMINING H.SEENA AS A WITNESS. EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 19.02.2019 IN I.A.59/19 IN O.P.34/2018. EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 12.03.2019 IN O.P.NOS.31/2018, 33/2018, THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P18 A TRUE COPY OF THE MINUTES DATED 31.10.2015 OF THE MEETING CONVENED BY DIRECTOR OF URBAN AFFAIRS. EXHIBIT P19 A TRUE COPY OF THE LETTER DATED 06.09.2016 SENT BY RJD, URBAN AFFAIRS, KOCHI TO THE DIRECTOR, URBAN AFFAIRS. -24- APPENDIX OF WP(C) 8124/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF O.P.NO.32 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF O.P.NO.36 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF O.P.NO.47 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF O.P.NO.48 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF OBJECTION FILED BY THE 4TH PETITIONER.
EXHIBIT P6 TRUE COPY OF DEPOSITION OF PW1. EXHIBIT P7 TRUE COPY OF DEPOSITION OF PW2. EXHIBIT P8 TRUE COPY OF DEPOSITION OF THE 3RD
RESPONDENT. EXHIBIT P9 TRUE COPY OF DEPOSITION OF THE 4TH PETITIONER. EXHIBIT P10 TRUE COPY OF DEPOSITION OF THE 1ST PETITIONER. EXHIBIT P11 TRUE COPY OF DEPOSITION OF THE 2ND PETITIONER. EXHIBIT P12 TRUE COPY OF DEPOSITION OF THE 3RD PETITIONER. EXHIBIT P13 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 1ST PETITIONER MARKED AS B8 BEFORE THE COMMISSION. EXHIBIT P14 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 3RD PETITIONER MARKED AS B5 BEFORE THE COMMISSION. EXHIBIT P15 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 4TH PETITIONER MARKED AS B3 BEFORE THE COMMISSION. EXHIBIT P16 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 2ND PETITIONER BEFORE THE COMMISSION. EXHIBIT P17 TRUE COPY OF IMPUGNED COMMON ORDER OF THE 2ND RESPONDENT DATED 12.03.2019. -25- EXHIBIT P18 TRUE COPY OF NOTICE OF THE 1ST RESPONDENT DATED 14.03.2019. EXHIBIT P19 TRUE COPY OF MINUTES OF THE MEETING CONVENED BY THE DIRECTOR OF URBAN AFFAIRS ON 31.10.2015. EXHIBIT P20 TRUE COPY OF LETTER DATED 09.06.2016 ADDRESSED TO THE DIRECTOR, URBAN AFFAIRS, GOVERNMENT OF KERALA. -26- APPENDIX OF WP(C) 10771/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/04/2015 EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015
EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY
THE REGIONAL JOINT DIRECTOR DATED
EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P NO.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2019IN O.P NO. 86/2018 PASSED BY THE 2ND RESPONDENT. -27- APPENDIX OF WP(C) 10781/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFCATION DATED 30.4.2015. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31.10.2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 9.6.2016. EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P.NO.87/18 DATED 7.8.2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12.3.2019 IN O.P.NO.87/2018 PASSED BY THE 2ND RESPONDENT. -28- APPENDIX OF WP(C) 10795/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30.04.2015. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31.10.2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 09.06.2016. EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P.NO.88/18 DATED 07.08.2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12.03.2019 IN O.P.NO.88/2018 PASSED BY THE 2ND RESPONDENT. -29- APPENDIX OF WP(C) 10808/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/4/2015. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015.
EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY
THE REGIONAL JOINT DIRECTOR DATED
EXHIBIT P4 TRUE COPY OF THE PETITION INO.P.NO.85/18 DATED 7/8/2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2019 IN O.P.NO.85/2018 PASSED BY THE 2ND RESPONDENT. -30- APPENDIX OF WP(C) 10809/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/4/2015. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR. EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P NO. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2019 IN O.P NO. 84/2018 PASSED BY THE 2ND RESPONDENT. -31- APPENDIX OF WP(C) 10834/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/04/2015 EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015
EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY
THE REGIONAL JOINT DIRECTOR DATED
EXHIBIT P4 TRUE COPY OF THE PETITION INO.P.NO.89/18 DATED 07/08/2018 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/03/2019 IN O.P.NO.89/2018 PASSED BY THE 2ND RESPONDENT -32- APPENDIX OF WP(C) 11755/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE O.P.NO.38/2018 FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER. EXHIBIT P2 A TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN O.P.NO.38/2018. EXHIBIT P3 A TRUE COPY OF THE RELEVANT PORTION OF
THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30.4.2015 INTER ALIA CONSTITUTIONG PATTAMBI MUNICIPALITY.
EXHIBIT P4 A TRUE COPY OF THE DEPOSITION OF W2 IN O.P.NO.31/2018 AND CONNECTED CASES, INCLUDING IN O.P.NO.38/2018. EXHIBIT P5 A TRUE COPY OF THE STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE PETITIONER. EXHIBIT P6 A TRUE COPY OF THE EVIDENCE OF THE PETITIONER TENDERED BEFORE THE HON'BLE ELECTION COMMISSION AS RW 18. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 8.2.2019 IN I.A.29/19 IN O.P.38/2018. EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 12.3.2019 IN O.P.NOS.38/2018 AND CONNECTED CASES OF THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P9 A TRUE COPY OF THE WRIT PETITION IN WPC NO.29858/2018, EXCLUDING ITS EXHIBITS. EXHIBIT P10 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.29858/2018, WHICH IS MARKED AS EXHIBIT A3 BY THE ELECTION COMMISSION. EXHIBIT P11 A TRUE COPY OF THE MINUTES DATED 31.10.2015 OF THE MEETING CONVENED BY DIRECTOR OF URBAN AFFAIRS. EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 6.9.2016 SENT BY RJD, URBAN AFFAIRS, KOCHI TO THE DIRECTOR, URBAN AFFAIRS.