MANOJ Vs. KERALA STATE ELECTION COMMISSION OFFICE

JUDGEMENT

(1.) Petitioner submitted nomination for the election to Kainakary Grama Panchayat from Ward No.4 of the Panchayat. The nomination submitted by the petitioner has been rejected by the Returning Officer as per Ext.P5 order holding that the petitioner has not produced along with the nomination the attested copy of the electoral roll of Ward No.3 of the Panchayat where he resides, as required under Section 52(5) of the Kerala Panchayat Raj Act. The case of the petitioner is that there is no such requirement under Section 52(5) of the Kerala Panchayat Raj Act as indicated by the Returning Officer, and Ext.P5 order is therefore, illegal and unsustainable. The petitioner, therefore challenges Ext.P5 order 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.