Vinod, vs Returning Officer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1595876
CourtKerala High Court
Decided OnJan-21-2021
Case NumberWA/166/2021
JudgeHonourable the Chief Justice Mr.S.Manikumar,Honourable Mr. Justice Shaji P.Chaly
AppellantVINOD,
RespondentReturning Officer
Excerpt:
in the high court of kerala at ernakulampresent the honourable the chief justice mr.s.manikumar & the honourable mr. justice shaji p.chaly thursday, the 21st day of january 2021 / 1st magha, 1942 wa.no.166 of 2021 against the judgment in wp(c)25768/2020(u) of high court of kerala dated 18.12.2020 appellant/petitioner: vinod, aged 36 years, s/o.the late k.n. krishnan kutty, bindu bhavan, kuttamangalam p.o. kainakari, alappuzha 688 501. by advs. sri.c.s.manu sri.c.a.anupaman sri.t.b.sivaprasad sri.c.y.vijay kumar smt.manju e.r. respondents/respondents: 1 returning officer g-28, kainakari grama panchayat, assistant executive engineer, minor irrigation sub division, mankombu p.o., alappuzha 688 505. 2 district collector, collectorate, civil station, alappuzha, 688 001. 3 state election commissioner, kerala state election commission, vikas bhavan. p.o. , thiruvananthapuram 695 033. 4 k.a pramod s/o anandan, kuppicherry chira, kuttamangalam p.o., kainakari, alappuzha -988 501. sri.aravind kumar babu, sr. gp for r1 & 2. sri. murali purushothaman, sc for k.s.e.comm. sri.m.sasindran for r4 this writ appeal having come up for admission on 21.01.2021, the court on the same day delivered the following:judgmentdated this the 21st day of january, 2021 s. manikumar, cj. challenging rejection of nomination for election to kainakari grama panchayat, writ petitions have been filed.2. after considering the rival contentions and decisions of thehon'ble supreme court in mohinder singh gill and another v. the chief election commissioner, new delhi [air 1978 sc 851], manda jaganath v. k.s. rathnam and others [air 2004 sc 3600], election commission of india v. ashok kumar [(2000) 8 scc 216] and n.p. ponnuswami v. returning officer, namakkal constituency, namakkal, salem district [air 1952 sc 64], writ court held that writ petitions arenot maintainable and accordingly, dismissed the same. being aggrieved, writ petitioner in w.p.(c). no.25768 of 2020 has filed instant appeal.3. though mr. c.s. manu, learned counsel for the appellantmade submissions on the grounds raised and sought for reversal of the judgment, we find no error in the judgment. that apart, election is over and elected representatives have taken charge of respective offices. even taking grant that impugned judgment is set aside, the position that could be to restored is to upheld the candidature of the appellant. as elections are already over and elected representatives assumed respective offices, the only course open to the appellant is to challengethe election, if he so decides. there is no error in the finding, warranting interference. writ appeal is dismissed. s. manikumar, chief justice shaji p. chaly, judge sou.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942 WA.No.166 OF 2021 AGAINST THE JUDGMENT IN WP(C)25768/2020(U) OF HIGH COURT OF KERALA DATED 18.12.2020 APPELLANT/PETITIONER: VINOD, AGED 36 YEARS, S/O.THE LATE K.N. KRISHNAN KUTTY, BINDU BHAVAN, KUTTAMANGALAM P.O. KAINAKARI, ALAPPUZHA 688 501. BY ADVS. SRI.C.S.MANU SRI.C.A.ANUPAMAN SRI.T.B.SIVAPRASAD SRI.C.Y.VIJAY KUMAR SMT.MANJU E.R. RESPONDENTS/RESPONDENTS: 1 RETURNING OFFICER G-28, KAINAKARI GRAMA PANCHAYAT, ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, MANKOMBU P.O., ALAPPUZHA 688 505. 2 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA, 688 001. 3 STATE ELECTION COMMISSIONER, KERALA STATE ELECTION COMMISSION, VIKAS BHAVAN. P.O. , THIRUVANANTHAPURAM 695 033. 4 K.A PRAMOD S/O ANANDAN, KUPPICHERRY CHIRA, KUTTAMANGALAM P.O., KAINAKARI, ALAPPUZHA -988 501. SRI.ARAVIND KUMAR BABU, SR. GP FOR R1 & 2. SRI. MURALI PURUSHOTHAMAN, SC FOR K.S.E.COMM. SRI.M.SASINDRAN FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 21st day of January, 2021 S. Manikumar, CJ. Challenging rejection of nomination for election to Kainakari Grama Panchayat, writ petitions have been filed.

2. After considering the rival contentions and decisions of the

Hon'ble Supreme Court in Mohinder Singh Gill and Another v. The Chief Election Commissioner, New Delhi [AIR 1978 SC 851], Manda Jaganath v. K.S. Rathnam and Others [AIR 2004 SC 3600], Election Commission of India v. Ashok Kumar [(2000) 8 SCC 216] and N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, Namakkal, Salem District [AIR 1952 SC 64], writ court held that writ petitions are

not maintainable and accordingly, dismissed the same. Being aggrieved, writ petitioner in W.P.(C). No.25768 of 2020 has filed instant appeal.

3. Though Mr. C.S. Manu, learned counsel for the appellant

made submissions on the grounds raised and sought for reversal of the judgment, we find no error in the judgment. That apart, election is over and elected representatives have taken charge of respective offices. Even taking grant that impugned judgment is set aside, the position that could be to restored is to upheld the candidature of the appellant. As elections are already over and elected representatives assumed respective offices, the only course open to the appellant is to challenge

the election, if he so decides. There is no error in the finding, warranting interference. Writ appeal is dismissed. S. Manikumar, Chief Justice Shaji P. Chaly, Judge sou.