MARY VARGHESE Vs. STATE ELECTION COMMISSION KERALA

JUDGEMENT

(1.) The petitioners, 52 in number, are residents of ward No.15 of Angamaly Municipality. They have filed this writ petition aggrieved by the deletion of the names of petitioners 2 to 52 from Ext.P1 final voters list that was published on 16.8.2010. It is contended that the names of petitioners 2 to 52 and 38 others named in Ext.P2 list were deleted without notice to them and behind their back. The petitioners contend that the deletion of the names of petitioners 2 to 52 and 38 other persons from Ext.P1 final electoral roll relating to ward No.15 is illegal and is liable to be set aside.

(2.) Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission, submitted that Sri.V.K.Rajan, Secretary of Angamaly Municipality, was the Electoral Registration Officer of Angamaly Municipality who prepared and published Ext.P1 final electoral roll. It is stated that Sri.V.K.Rajan was placed under suspension on 30.9.2010 and thereafter Sri.K.O.Poulose, Superintendent of Angamaly Municipality was given charge of Secretary of Angamaly Municipality and that in that capacity he was the Electoral Registration Officer of Angamaly Municipality with effect from 1.10.2010. The learned standing counsel submitted that names of petitioners 2 to 52 and 38 other persons named in Ext.P2 were deleted on the basis of individual applications in Form No.8 submitted by Sri.Babu Varghese, that many of the applications did not bear the date or the full postal address of the applicant and that no notice was issued to the persons whose names were sought to be deleted before Ext.P2 list of deletions was issued. In other words, it is conceded at the Bar that the names of 89 voters were deleted from Ext.P1 final electoral roll without notice to them on 4.1.2010, the last date stipulated for submission of nominations.

(3.) It is evident from the stand taken by the State Election Commission that the names of petitioners 2 to 52 and 38 others were deleted from Ext.P1 final electoral roll without notice to them and behind their back and that after such deletion Ext.P2 list was published on 4.10.2010. In the light of the admitted fact that the procedure prescribed under the Kerala Municipality (Registration of Electors) Rules was not followed before the names of 89 voters named in Ext.P2 were deleted from Ext.P1 final electoral roll, it has to be necessarily held that the said deletion is illegal. Having regard to the peculiar facts of this case and the admitted fact that before the names of 89 persons were deleted from Ext.P1 final electoral roll they were not put on notice or heard, I am of the opinion that the illegality committed by the Electoral Registration Officer requires to be corrected. In the result I allow the writ petition and direct the Electoral Registration Officer of Angamaly Municipality, who is also the Secretary of the Angamaly Municipality, to treat all the persons named in Ext.P2 as persons who are included in Ext.P1 final electoral roll. This shall be done forthwith and the petitioners shall be permitted to vote, if they report at the Polling Booth in time for voting. The State Election Commission shall also issue necessary instructions to the Returning Officers concerned.