MATHEW THOMAS Vs. STATE ELECTION COMMISSION KERALA

JUDGEMENT

(1.) The petitioners are residents of ward No.14 of Angamaly Municipality. They have filed this writ petition aggrieved by the non inclusion of the names of eligible voters, namely petitioners 2 to 17 herein in the final electoral roll of ward No.14 and the deletion of the names of petitioners 18 to 32 and others, numbering 97 in all, from Ext.P1 final electoral roll.

(2.) Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission, submitted that Ext.P1 final electoral roll was published at a point of time when Sri.V.K.Rajan was the Electoral Registration Officer of Angamaly Municipality, that he 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 with effect from 1.10.2010 the said officer is functioning as the Electoral Registration Officer of Angamaly Municipality. It is also stated that though petitioners 2 to 17 had filed individual applications for inclusion of their names in the electoral roll and after enquiry their applications were allowed, due to an inadvertent oversight the names of petitioners 2 to 17 were omitted to be included in Ext.P1 final electoral roll by way of additions. As regards petitioners 18 to 32 and the names of others, numbering 97 in all, it is stated that their names were deleted without notice to them and behind their back. In other words, it is conceded that deletion of their names was done without following the prescribed procedure.

(3.) In the light of the admitted fact that petitioners 2 to 17 were found eligible to be included in the electoral roll, but due to an inadvertent omission their names were not included in the final electoral roll by way of additions, I am of the opinion that the said mistake should be corrected. Likewise in view of the admitted fact that names of eligible voters, numbering 97 in all, were deleted from Ext.P1 final electoral roll by Ext.P18, I am of the opinion that the names of the said 97 persons including petitioners 18 to 32 should be included in Ext.P1 final electoral roll. In the result I allow the writ petition and direct the Electoral Registration Officer, Angamaly Municipality to include the names of petitioners 2 to 17 and 18 to 32 and the remaining persons named in Ext.P18 in Ext.P1 final electoral roll relating to ward No.14 of Angamaly Municipality. 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 issue necessary instructions to the Returning Officers concerned.