SOOPPY NARIKKATTERI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The captioned writ petitions are filed seeking for a direction to the State Election Commission to prepare the electoral roll for the Local Body Election 2020, keeping the electoral roll of Lok Sabha Election 2019 as a draft and final electoral roll. Since the issues are typical in nature, I heard them together and propose to pass a common judgment. Facts and documents in W.P.(C)No.815/2020 are relied upon to dispose of the writ petitions.

(2.) The State Election Commission issued an order dated 4.1.2020 publishing the voter list used in 2015 General Elections for the purpose of holding the general election for the Local Self Government Institutions. Petitioners, being the voters of various wards of Panchayats as well as the Municipalities, have assailed the aforementioned notification on the ground that, it is not in accordance with the provisions of the Kerala Panchayat Raj Act, 1994 and the Kerala Municipality Act, 1994. Section 16 (2) of the Kerala Panchayat Raj Act envisages draft electoral roll to be published in the respective Panchayat offices and the headquarters of the block and the taluk office, for facilitating the voters to verify the same and only thereafter final list would be prepared. The impugned action of the Election Commission in preparing the list of voters on the basis of 2015 Election is wholly irrational and without basis in as much as in the year 2019, General Lok Sabha Elections were held and data of the voters list is already available. No explanation has come forth as to how and under what manner the voters list of 2015 is being taken into consideration. The aforementioned list has been promulgated for the forthcoming election to Local Bodies, to be conducted during the month of October 2020, thus there is ample time for the Commission to undertake the task of revision of the electoral rolls. The exercise of renewal of the electoral rolls for the purpose of Assembly elections held in 2016 as well as the Lok sabha election 2019 has been undertaken. There is increase of voters and therefore, the notification cannot withstand the test of reasonability or judicial scrutiny of this Court and it is unbecoming of the Election Commission, in promulgating the voters list on the basis of data base of 2015.

(3.) Section 83 of the Municipality Act and Section 146 of the Panchayat Raj Act empower the Election Commission to prepare the electoral rolls of the Municipality or the Panchayat by adopting existing electoral rolls of the Legislative Assembly constituency without conducting any enumeration.