ABDULLA Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The captioned writ appeal is filed by the writ petitioner challenging the judgment of the learned Single Judge in W.P.(C) No. 25778 of 2020 dated 25.11.2020, whereby the learned Single Judge refused to interfere with the rejection of nomination submitted by the writ petitioner to the Kalamassery Municipality as per Ext. P11 order dated 20.11.2020 holding that the nomination of the appellant to ward No. 31 was received by the subordinate staff in the Office of the Returning Officer after 3 p.m. on 19.11.2020. It is, thus, challenging the legality and correctness of the said judgment, this appeal is preferred.

(2.) Brief material facts for the disposal of the appeal are as follows:

(3.) The paramount contentions advanced by the appellant was that the nominations submitted by the others after the submission of the nominations by the appellant were accepted. That apart, it was predominantly contended that the time recorded in Exts. P2 to P4 nominations submitted by the appellant was at 2.56 p.m. Whereas, the nominations of others produced as Exts. P5 to P9 were registered only at 2.58 p.m., and having received the nominations of other persons submitted after the appellant, was nothing but an arbitrary, mala fide and illegal exercise demonstrated by the officers and therefore, interference is required in terms of the principles of law laid down by the Apex Court in Election Commission of India through Secretary v. Ashok Kumar and others [(2000) 8 SCC 216.