NISHA JOHN Vs. THE DISTRICT COLLECTOR & ORS.

JUDGEMENT

(1.) Petitioner is a nominated candidate for election to the post of Chairperson in the Area Development Society (ADS), in the 54th Division of the Corporation of Cochin. The election was scheduled on 22.01.2018. The election event was controlled by an election officer deputed from the Corporation of Cochin, and the election is conducted as per Ext.P1 election norms. As per the norms, a lady will preside the election event, and 7 delegates are to be nominated to the apex body viz., CDS, by way of nomination/election by secret ballot, if required, or the circumstances warrant. According to the petitioner, the election was smoothly conducted in which the petitioner is nominated as the Chairperson of the ADS, and the 4th respondent is elected as the Vice Chairperson of the ADS. Five other members are also nominated to represent the ADS of the 54th Division to participate in the CDS election which was scheduled on 25.01.2018.

(2.) However, subsequent to the election, on the very next day, 4th respondent filed a complaint, alleging election malpractices in the ADS election by the Election Officer/Returning Officer. As per the election norms, a complaint is to be submitted to the District Election Officer in the first instance and the District Collector is the Appellate Authority. However, 4th respondent preferred Ext.P6 complaint before the Appellate Authority. It is also stated that, petitioner was invited to participate in the East CDS election on 25.01.2018. However, due to some direction at the official level, petitioner was not allowed to participate in the election event of the East CDS. Therefore, petitioner is prevented from assuming office of the Chairperson of ADS. Anyhow, matters being so, petitioner has submitted Ext.P7 complaint before the District Collector. It is in this background, seeking the following reliefs, this writ petition is filed:

(3.) I have heard learned counsel for the petitioner and the learned Government Pleader. Perused the documents on record and the pleadings put forth by the petitioner.