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2020 Supreme(Ker) 805

S.MANIKUMAR, SHAJI P.CHALY
Abdulla – Appellant
Versus
Kerala State Election Commission Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Babu Karukapadath, Smt. M.A. Vaheeda Babu, Shri.P.U.Vinod Kumar, Smt. Arya Raghunath, Smt. Vaisakhi V., Sri. T.M. Muhammed Musthaq, Shri.Unais K.P., Advs.
For the Respondent: Sri. Murali Purushothaman, Aravind Kumar Babu, Sr. GP, Sri. M.K. Aboobacker, SC

JUDGMENT :

SHAJI P. CHALY, J.

The captioned writ appeal is filed by the writ petitioner challenging the judgment of the learned Single Judge in W.P.(C) No. 25778 of 2020 dated 25.11.2020, whereby the learned Single Judge refused to interfere with the rejection of nomination submitted by the writ petitioner to the Kalamassery Municipality as per Ext. P11 order dated 20.11.2020 holding that the nomination of the appellant to ward No. 31 was received by the subordinate staff in the Office of the Returning Officer after 3 p.m. on 19.11.2020. It is, thus, challenging the legality and correctness of the said judgment, this appeal is preferred.

2. Brief material facts for the disposal of the appeal are as follows :

Appellant submitted his nominations for contesting from ward No.31 of Kalamassery Municipality, which were registered as serial Nos. 202, 203 and 204 evident from Exts. P2 to P4. On 19.11.2020, some other candidates also submitted their nominations for contesting from ward No. 31, which were registered as serial Nos. 209 to 213 produced and marked as Exts. P5 to P9. The date of scrutiny of nomination papers was on 20.11.2020, on which date the Returning Officer namely the second re

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