PARAMESWARAN C.M. Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner has submitted nomination for the election to Varandarappilly Grama Panchayat from Ward No.17. The nomination submitted by the petitioner has been rejected by the Returning Officer holding that the petitioner has not produced the original of the receipt evidencing the deposit made by him in terms of Section 53 of the Kerala Panchayat Raj Act, 1994. The case of the petitioner is that he has in fact produced the original receipt along with the nomination and the reason stated in Ext.P3 for rejecting his nomination is therefore incorrect and unsustainable. The petitioner challenges Ext.P3 decision of the Returning Officer on that ground in the writ petition.

(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.