LAWS(KER)-2022-12-50

MATHEW PAUL Vs. STATE COOPERATIVE ELECTION COMMISSION

Decided On December 14, 2022
Mathew Paul Appellant
V/S
STATE COOPERATIVE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) Admit. Government Pleader takes notice for the 3rd respondent. Standing counsel takes notice for respondents 1 & 2. In view of the order that is proposed to be issue, notice to respondents 4 & 5 is dispensed with.

(2.) The prayer in the writ petition is for a direction to the 3rd respondent to take up Ext.P3 objection, scrutinise the same and take a reasoned decision by removing the ineligible members from Ext.P2 preliminary voters list. The date fixed for consideration of the objections is 16/12/2022. The petitioner has preferred objections, copy of which is produced as Ext.P3 along with the writ petition. The petitioner submits that the 2nd respondent may consider the objections in accordance with the law laid down by this Court in Vijayakumar V. Joint Registrar (1996 (1) KLT 285). Reference is made to the judgment in W.P.(C) No.36272/2022 wherein paragraph 16 & 17 of the judgment in Vijayakumar (Supra) has been extracted and it has been observed that it is essential to remind the Electoral Officer that the consideration of objection should be strictly in accordance with the dictum laid down in the said decision.

(3.) The standing counsel for respondents 1 and 2 submits that all objections, which have been received, will be considered in accordance with law and there is no reason for any apprehension otherwise.