N.VENUGOPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners challenge Exhibit P8 order passed by the Government and seek a declaration that the action of the 4th respondent in permitting the 7th respondent to take oath of office on 11/8/2022 was illegal as also a direction to issue notification in the official Gazette declaring that the 7th respondent voluntarily vacated the seat of Councillor of Division No.29 of the 5th respondent. A writ of quo warranto to direct the 7th respondent to vacate the Councillorship is also sought for.

(2.) It is contended that the general election to the 5th respondent Corporation was conducted on 10/12/2020. The 1st petitioner was a candidate in Division No.29 of Kochi Corporation and the 2nd petitioner is the Councillor of Division No.40 of the Corporation of Kochi. Results of the election were declared on 16/12/2020 and the 7th respondent was declared as the returned candidate by majority of one vote against the 1st petitioner. It is contended that there was a difference of one vote in the polled votes and the votes recorded in the electronic voting machine. Since the number of votes polled by the 7th respondent and the 1st petitioner were equal the Presiding Officer had conducted a draw of lots and the 7th respondent was declared as elected.

(3.) The 1st petitioner filed OP (Election) No.1/2021 before the Munsiff's Court. The Munsiff's Court had also drawn lots to decide the result of the election and the OP was ordered as follows:-