Mohammed Rafi and others v. State Election Commissioner, Electoral Registration Officer and the Corporation of Thiruvananthapuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 30295 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. MOHAMMED RAFI, T.C.NO.48/1031, (NEW NO.74(75)1152/4, KANDAVILAKOM PUTHENVEEDU, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 2. SHEEBA RAFI, T.C.NO.48/1031, (NEW NO.74(75)1152/4), KANDAVILAKOM PUTHENVEEDU, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 3. ASSIM, T.C.NO.48/1030 (NEW NO.74(75)1151), KANDAVILAKOM PUTHENVEEDU, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 4. THANKA, T.C.NO.48/1027, (NEW NO.74(75)1166), THANKA NIVAS, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 5. ABDUL RAHIM, T.C.NO.48/1019, (NEW NO.74(75)791/1) ARIF MANZIL, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 6. TAHIRA, T.C.NO.48/1231, (NEW NO.74(75)791/1) ARIF MANZIL, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 7. NAJEEB, T.C.NO.48/1231, (NEW NO.74(75)1187/4), PUTHUKAD PUTHENVEEDU, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 8. SIYAD.M., T.C.NO.48/1239 (NEW NO.74(75)1193), AALIYAD, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. 9. VASUDEVAN, T.C.NO.48/1244, (NEW NO.74(75)1204/4), SUCHITHRA NIVAS, PUTHENPALLI, THIRUVANANTHAPURAM-695 026. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY WP(C).No. 30295 of 2010(J) 2 RESPONDENT(S): - --------------- 1. STATE ELECTION COMMISSIONER STATE ELECTION COMMISSION, CORPORATION BUILDING, THIRUVANANTHAPURAM-695 033. 2. ELECTORAL REGISTRATION OFFICER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695 033. 3. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 033. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC FOR R1 AND R2 SRI.P.K.MANOJ KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **P.N.RAVINDRAN, J.** ## **----------------------------------------W.P(C).No.30295 of 2010 ----------------------------------------Dated this the 4[th] day of October, 2010** ## **JUDGMENT** The petitioners, 9 in number, have filed this writ petition challenging the deletion of their names from the electoral roll of Ward No.74 and the inclusion of their names in the electoral roll of Ward No.67 of Trivandrum Corporation. It is contended that the names of the petitioners were initially entered in the electoral roll relating to booth Nos. 4, 5 and 6 of Ward No.74 of Trivandrum Corporation, but later, without notice to them, their names were transferred to booth Nos. 3, 4, 5, 6 and 7 of Ward No.67. The petitioners challenge the deletion of their names from the electoral roll of Ward No.74 and the inclusion of their names in Ward No.67 on the ground that it was done without notice to them and behind their back. The petitioners also contend that atleast six among them, namely petitioners 4 to 9, are residing in Ward No.74 and therefore, in any case, the deletion of the names of petitioners 4 to 9 from the electoral roll relating to Ward No.74 is illegal. ## **W.P(C).No.30295 of 2010** -:2:- 2. A statement dated 30.9.2010 has been filed on behalf of the State Election Commission by the learned standing counsel. Paragraphs 5 and 6 thereof read as follows:- _“5. On the basis of the delimitation order, House Nos.49/50 to 151, 49/153 to 243, 49/504 to 512, 48/1 to 1014, and 48/1030 to 1146 are included in Ward No.67 (Ambalathara). House Nos.46/1 to 544, 46/1010 to 1083, 48/1015 to 1029, 48/1147 to 1323 are included in Ward No.74 (Puthenpally). After the publication of draft electoral roll, objections were raised by the ward Councillor of Ambalathara, Smt.S.Sheeja, that certain voters were omitted from the voters list of Ambalathara and it was mistakenly included in Puthenpally (Ward No.74) and she requested to correct the discrepancy found in the respective voter's list. On enquiry by the Electoral Registration Officer it was found that the complaint of the ward Councillor was correct. However, due to inadvertence the changes were not included in the final voters list published on 6.9.2010. After the publication of the final voters list, on a scrutiny of voters list of Puthenpally ward and Ambalathara ward (ward No.74 & 67) and also on the basis of the petition dated 13.09.2010 filed by the ward Councillor of Ambalathara, it was found that the changes were not included in the voters list concerned._ _6. So in exercise of powers vested in section 79 of Kerala Municipalities Act, notice was published_ ## **W.P(C).No.30295 of 2010** ## -:3:- _inviting objections if any, for the deletion of 830 voters from part 4, 5 & 6 of the voters list of ward No.74 Puthenpally and to include these voters in part No.3, 4, 5, 6 & 7 of ward No.67 Ambalathara on 13.09.10. Since no objections were received, the Electoral Registration Officer in exercise of powers under Section 79(C) of Kerala Municipality Act ordered to make the addition and deletion mentioned above. The changes made were informed to all the approved political parties and two sets of voters list were given free of charge.”_ 3. It is evident from the averments in paragraph 5 that house Nos.48/1019, 48/1027, 48/1231, 48/1239 and 48/1244 are included in Ward No.74. Petitioners 4 to 9 claim that they are residing in house Nos.48/1019, 48/1027, 48/1231, 48/1239 and 48/1244. If that statement is correct, it has to be held that the names of petitioners 4 to 9 were wrongly deleted from the electoral roll of Ward No.74 and included in the electoral roll of Ward No.67. The learned standing counsel appearing for the State Election Commission however, submitted that the names of 893 voters were deleted from the electoral roll of Ward No.74 and transferred to Ward No.67 based on a complaint filed by the Councilor of Ambalathara Ward (ie.Ward No.67) that the electoral roll as it obtains at 3 p.m. today will stand frozen till the elections are over and therefore this Court may not interfere with ## **W.P(C).No.30295 of 2010** ## -:4:- the decision of the Electoral Registration Officer and direct restoration of the names of the petitioners in the electoral roll relating to Ward No.74. The learned standing counsel also relied on the decisions of the Apex Court in _**Lakshmi Charan Sen v. A.K.M.Hassan Uzaman**_ , AIR 1985 SC 1233 and _**Kishansingh Tomar v. Municipal Corporation of the City of Ahmedabad**_ , (2006) 8 SCC 352, in support of the said contention. 4. I have considered the submissions made at the Bar by Sri.S.M.Prem, learned counsel appearing for the petitioners and Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission. I have also gone through the pleadings and the materials on record. From the materials presently on record the case set out by petitioners 4 to 9 that their names have been wrongly deleted from the electoral roll of Ward No.74 and included in the electoral roll of Ward No.67 appears to be correct. However, in view of the binding decision of the Apex Court in _**Lakshmi Charan Sen v. A.K.M.Hassan Uzaman**_ , this Court cannot at this stage interfere with the electoral roll. Today (4.10.2010) is the last date fixed by the State Election Commission for submission of nominations for the ensuing elections to the local bodies. The electoral roll will, as it obtains at 3 p.m., will stand frozen till the election process is over. ## **W.P(C).No.30295 of 2010** -:5:- In such circumstances I am of the opinion that no relief can be granted to the petitioners at this stage. The writ petition fails and is accordingly dismissed with the observation that it will be open to the petitioners to move the Electoral Registration Officer for rectification of the mistake after the election process is completed. **P.N.RAVINDRAN, Judge.** ## **ahg.** **P.N.RAVINDRAN, J. --------------------------W.P(C).No.30295 of 2010 ----------------------------** ## **JUDGMENT** **4[th] October, 2010**