JOY JOSEPH Vs. ELECTORAL REGISTRATION OFFICER

JUDGEMENT

(1.) Heard Sri.Jawahar Jose, learned counsel appearing for the petitioners and Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission.

(2.) The petitioners are residents of West Eleri Grama Panchayat in Kasargode Revenue District. It is stated that aggrieved by the inclusion of the names of ineligible voters in the electoral rolls relating to Ward Nos.5, 8, 9, 10, 15, 16, 17 and 18 they have filed separate applications under rule 25 of the Kerala Panchayat Raj (Registration of Electors) Rules, 1994 before the first respondent, the Electoral Registration Officer of the West Eleri Grama Panchayat. The grievance voiced by the petitioners is that notwithstanding the fact that the applications were filed in time the first respondent has declined to take any decision on the said applications on the ground that he can take action only as and when instructions in that regard are received from the State Election Commission.

(3.) The State Election Commission has filed a statement dated 16.9.2010. It is stated therein that the State Election Commission has directed the Electoral Registration Officer to entertain all individual statutory applications filed under the provisions of the Kerala Panchayat Raj Act and the Kerala Panchayat Raj (Registration of Electors) Rules, 1994, if the applications are in order and to take an appropriate decision in the matter in accordance with law. The statement filed by the learned standing counsel for the State Election Commission should dispel any apprehension which the petitioners entertain that the individual applications filed by them under the provisions of the Kerala Panchayat Raj (Registration of Electors) Rules, 1994, to remove the names of ineligible voters from the electoral rolls relating to Ward Nos.5, 8, 9, 10, 15, 16, 17 and 18 will not be entertained and disposed of before the ensuing elections.