ELSAMMA JOSEPH Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioner submitted nomination for the election to Poonjar Grama Panchayat from Ward No.12. The nomination submitted by the petitioner has been rejected by the Returning Officer holding that the petitioner has not put her signature in the oath and affirmation part of the nomination. The petitioner does not dispute the fact that she did not sign in the oath and affirmation part of the nomination. The case of the petitioner, on the other hand, is that she should have been given an opportunity to cure that defect before rejecting the nomination. The petitioner, therefore seeks direction to the Returning Officer to accept her nomination.

(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 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.