N.HARIDASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioners are candidates who have submitted their nominations for contesting in Assembly Constituencies in the ensuing election to the Kerala Legislative Assembly. The petitioners are before this Court aggrieved by the rejection of their nominations.

(2.) The petitioner in W.P.(C) No.7358/2021 submitted nomination for contesting in 013-Thalassery Assembly Constituency. The nomination was submitted at 01.15 p.m. on 19.03.2021, the last date prescribed. Along with nomination, duly filled up Form-A and Form-B were submitted. However, Form-A submitted at 01.15 p.m. did not contain signature of National President of the political party. When the defect was noted, the petitioner submitted Ext.P4 request seeking one hour time to clear the mistake. According to the petitioner, the the Returning Officer did not grant time. On 20.03.2021, the date of scrutiny of nominations, the petitioner produced Form-A ( Ext.P5) duly signed by the National President of the political party, along with Ext.P6 affidavit.

(3.) After scrutiny, the Returning Officer rejected the nomination observing as follows:-