SASI V.C Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner has submitted nomination for the election to Alipparamba Grama Panchayat from Ward No.2. The above ward is one reserved for candidates belonging to Scheduled Castes. The nomination submitted by the petitioner has been rejected by the Returning Officer as per Ext.P4 order holding that the petitioner has not signed in the column containing the affirmation that he belongs to Schedule Caste. The case of the petitioner is that the said defect is not a substantial defect and therefore, the nomination ought not have been rejected in the light of Section 55(4) of the Kerala Panchayat Raj Act, 1994. The petitioner, therefore challenges Ext.P4 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.