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2008 Supreme(Ker) 660

S.SIRI JAGAN
Radhakrishnan – Appellant
Versus
The Electoral Registration Officer – Respondent


Advocates Appeared:For the Petitioners:G. Sreekumar (Chelur), Advocate. For the Respondents: Murali Purushothaman, SC,K.S.E.COMM.

Judgment :

A very difficult question relating to preparation of electoral roll in a Panchayat bye election arises in this case. The petitioners claim to be persons residing in the address given in the writ petition. Going by the same, they are persons, who are entitled to be included in the electoral roll for Ward No.19 of the Shornur Municipality. Election notification for bye - election to that Ward was notified on 14.11.2008. The names of the petitioners were included in the draft electoral roll . Against inclusion of the names of the petitioners in the draft electoral roll, the 5th respondent filed complaint contending that the petitioners are not ordinarily resident in that ward of the Municipality and therefore not entitled to be included in the electoral roll. Based on the complaint of the 5th respondent, Exts.P6 to P9 notices were issued to the petitioners for an enquiry by the Registration Officer. At the time of enquiry, the 5th respondent did not appear. Thereafter, the objection raised by the 5th respondent was rejected and final electoral roll was prepared and published on 7.10.2008, including the petitioners also therein, by Ext.P11. Going by Rule 22 of the Kerala Muni






















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