AZIZ Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioners were persons included in the electoral roll of Ward No.12 of Changanassery Municipality. When draft electoral roll of Ward No.12 of Changanassery Municipality for the ensuing election was published, objections were raised by third parties as regards the right of the petitioners to be included in the electoral roll. The petitioners preferred explanations to the objections raised as to their right to be included in the electoral roll. Exts.P1 to P7 are the objections preferred by the petitioners. It is stated by the petitioners that the Electoral Registration Officer has ordered to remove the names of the petitioners from the electoral roll, upholding the objections of the third parties. One Ziyad Abdul Rahman filed an appeal before the fourth respondent challenging the decision of the Electoral Registration Officer, and the said appeal was rejected by the appellate authority in terms of Ext.P8 communication stating that he has no locus standi to challenge the decision of the Electoral Registration Officer. The petitioners thereupon preferred representations before the State Election Commission concerning the decision of the Electoral Registration Officer. Exts.P9 to P19 are the representations preferred by the petitioners before the State Election Commission in this regard. This writ petition is filed thereafter alleging non consideration of Exts.P9 to P19 representations, and seeking orders for retaining the names of the petitioners in the electoral roll of Ward No.12 of Changanassery Municipality.

(2.) A statement has been filed by the State Election Commission enclosing a report of the Electoral Registration Officer. In the report of the Electoral Registration Officer produced by the State Election Commission, it is stated, among others, that the petitioners are not persons residing ordinarily within the limits of Ward No.12; that the said fact has been admitted by them in the objections filed before the Electoral Registration Officer and that it is in the said circumstances that they were removed from the electoral roll of Ward No.12.

(3.) Heard the learned counsel for the petitioners, the learned counsel for the Electoral Registration Officer as also the learned Standing Counsel for the State Election Commission.