LAWS(KER)-2010-10-92

PALAYYAN A PRASAD Vs. STATE ELECTION COMMISSION

Decided On October 08, 2010
PALAYYAN A.PRASAD, S/O.LATE A.K.PRASAD Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) The issue raised in these writ petitions is the correctness of the order passed by the respective Returning Officers rejecting the nominations submitted by the respective petitioners in the elections to the Local Self Government Institutions. Therefore these writ petitions were heard together and are disposed of by this common judgment.

(2.) Petitioner in WP(C) No.31025/10 is aggrieved by Ext.P5 order passed by the Returning Officer rejecting the nomination submitted by him for election to Ward NO.4(3) of Karunapuram Grama Panchayat on the ground that while submitting the nomination, he did not comply with the requirements of Section 52(5) of the Kerala Panchayat Raj Act. It is contended that the Returning Officer has not applied his mind and that the rejection was in a pre planned manner under the influence of the authorities of the Grama Panchayat.

(3.) In WP(C) NO.31028/10, the petitioner is aggrieved by the rejection of his nomination to Ward No.II of Ayillur Grama Panchayat. Rejection is on the ground that the person who proposed his name has proposed some other candidates also. It is contended that in the Panchayat Raj Act, there is no restriction that a person proposing a candidate cannot propose more than one candidate.