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The State of Kerala vs the Election Commission of India

The State of Kerala vs The Election Commission of India

Type Court Judgment Court Kerala Decided Jul 30, 2021
~3 min read
https://sooperkanoon.com/case/1624928

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/8237/2021

Parties & Advocates

Appellant / Petitioner

The State of Kerala

Respondent

The Election Commission of India

Excerpt

.....a true photocopy of go(rt) no.198/2020/f & csd dated 21.07.2020. exhibit p3 a true photocopy of the relevant pages of thebudget speech 2021 presented by the minister for finance, government of kerala, in relation to food security. exhibit p4 a true photocopy of go(ms) no.5/2021/f & csd dated 04.02.2021. exhibit p5 a true photocopy of letter no.437/6/1/eci/inst/funct/mcc/2021 dated 26th february 2021 of the election commission of india. exhibit p6 a true photocopy of the letter number cdn4/53/2021/gad dated 16.03.2021 issued by the secretary, general administration department, government of kerala to the second respondent together with the page containing the proposals 16exhibit p7 a true photocopy of letter no.1540(188)el4/2021/elec dated 23.03.2p21 of the second respondent together with the proposals 16 exhibit p8 a true photocopy of the judgment dated 21.03.2011 of this honourable court in writ petition (civil) no.8178 of 2011. exhibit p9 a true photocopy of the order of the honourable apex court in special leave to appeal(c) 8891 of exhibit p10 a true photocopy of the judgment of this honourable court in k.m.babu v. election commission of india and others (2006 khc 364). respondent's exhibits nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 PETITIONER: THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF EKRALA, FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENTS: 1 THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY GENERAL NIRAVACHAN SADAN, ASOKA ROAD, NEW DELHI-110 001.

2 THE CHIEF ELECTORAL OFFICER OF KERALA, NIYAMASABHA COMPLEX, THIRUVANANTHAPURAM-695 033. BY ADV SHRI.DEEPU LAL MOHAN, SC, ELECTION COMMISSION OF INDIA OTHER PRESENT: SRI.MANU.V, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J UDGM ENT Dat ed t hi he30th dayofJ st uly2021 The wr iti on hasbeen fil ed by t he St ate att he t ime when t he El ect ion was i n pr ogr ess and t ayer was t o quash Ext .P7 communi cat ion i n so f arasi tdef erst oposalf ordi str ibut ion of 10kgr iceatt her ateofRs. 15/ kgt oNonPr ior ityRat ionCar dHol der s oft he Pet iti onerSt ate dur ing t he mont hsofMar ch and Apr il,2021. On t hebasi soft hei deri ssued byt hisCour t,t her eli efhas al ready been gr ant ed and al lthatr emai ns i sto make t he i im or I nthe above ci rcumst ances,t he wr iti on i scl osed maki ng t hei Sd/ - T. R.RAVI J UDGE sn APPENDIX OF WP(C) 8237/2021 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF GO(RT) NO.119/2020/F & CSD DATED 04.05.2020. EXHIBIT P2 A TRUE PHOTOCOPY OF GO(RT) NO.198/2020/F & CSD DATED 21.07.2020. EXHIBIT P3 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE

BUDGET SPEECH 2021 PRESENTED BY THE MINISTER FOR FINANCE, GOVERNMENT OF KERALA, IN RELATION TO FOOD SECURITY. EXHIBIT P4 A TRUE PHOTOCOPY OF GO(MS) NO.5/2021/F & CSD DATED 04.02.2021. EXHIBIT P5 A TRUE PHOTOCOPY OF LETTER NO.437/6/1/ECI/INST/FUNCT/MCC/2021 DATED 26TH FEBRUARY 2021 OF THE ELECTION COMMISSION OF INDIA. EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER NUMBER CDN4/53/2021/GAD DATED 16.03.2021 ISSUED BY THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA TO THE SECOND RESPONDENT TOGETHER WITH THE PAGE CONTAINING THE PROPOSALS 16

EXHIBIT P7 A TRUE PHOTOCOPY OF LETTER NO.1540(188)EL4/2021/ELEC DATED 23.03.2P21 OF THE SECOND RESPONDENT TOGETHER WITH THE PROPOSALS 16 EXHIBIT P8 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.03.2011 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.8178 OF 2011. EXHIBIT P9 A TRUE PHOTOCOPY OF THE ORDER OF THE HONOURABLE APEX COURT IN SPECIAL LEAVE TO APPEAL(C) 8891 OF EXHIBIT P10 A TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN K.M.BABU V. ELECTION COMMISSION OF INDIA AND OTHERS (2006 KHC 364). RESPONDENT'S EXHIBITS NIL //TRUE COPY// PA TO JUDGE

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