ABDULLA Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner has submitted three sets of nominations for election to the Kalamassery Municipality from Ward No.31. The nominations should have been submitted before 3 p.m. on 19.11.2020. It is stated by the petitioner that he submitted the nominations at 2.56 p.m. on that day. The nominations of the petitioner were however rejected by the Returning Officer as per Ext.P11 order holding that the petitioner has submitted the nominations after 3 p.m. on 19.11.2020. The petitioner asserts that the finding in Ext.P11 order that he has submitted the nominations after 3 p.m. on 19.11.2020 is incorrect. The petitioner relies on the recitals/endorsements in Exts.P2 to P5 receipts issued by the Assistant Returning Officer as regards the Serial numbers of the nomination papers and the time of submission of the nomination papers, to establish his case that he has submitted the nominations before 3 p.m. on 19.11.2020. The petitioner, therefore challenges Ext.P11 order on that ground in this proceedings.

(2.) Heard the learned counsel for the petitioner as also the learned Standing Counsel for the State Election Commission.

(3.) The learned Standing Counsel for the State Election Commission has raised a preliminary objection as to the maintainability of the writ petition. According to him, in the light of Article 243-O(b) of the Constitution, the writ petition is not maintainable.