LAWS(KER)-2011-1-103

OORANGATTU SARADA Vs. DISTRICT COLLECTOR

Decided On January 06, 2011
OORANGATTU SARADA, W/O. APPU Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THE petitioner who was a voter with serial No.312 of Ward No.7 of Pallikkal Grama Panchayath, Malappuram District had submitted nomination for contesting election from Ward No.7. THE said nomination was accepted by the second respondent, Returning Officer. 7.10.2010 was the date fixed for the withdrawal of the nomination. THE case of the petitioner is that when she went to the Returning Officer for getting alloted the symbol, she was informed that her nomination stood withdrawn. THEreafter, the petitioner submitted Ext.P1 application before the first respondent complaining that the letter for withdrawal of nomination was a forged one. After the submission of Ext.P1, the petitioner has lodged a complaint before the fourth respondent. This Writ Petition has been filed thereafter mainly with the prayer to issue a writ of mandamus commanding respondents 1 to 3 to make available all the papers claimed to be with the Returning Officer, the second respondent in connection with the alleged withdrawal of the candidature of the petitioner from Ward No.7 of PalliKkal Grama Panchayath, Malappuram District for the purpose of conducting investigation based on Ext.P2.

(2.) A counter affidavit has been filed by the second respondent in this Writ Petition. Paragraph 6 thereunder reads thus: