Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Harikumar K.K. S/o Krishna Pillai – Appellant
Versus
State Election Commission Represented by Authorized Officer – Respondent
| Table of Content |
|---|
| 1. election procedure and outcomes (Para 2 , 3 , 4 , 5) |
| 2. arguments on authority and legal standing (Para 7 , 8 , 9) |
| 3. criteria for judicial interference in elections (Para 11 , 14 , 15) |
| 4. limits on election commission's authority (Para 16 , 17) |
| 5. conclusion on jurisdiction and next steps (Para 18 , 19 , 21) |
JUDGMENT :
P.V. KUNHIKRISHNAN, J.
1. This Writ Petition (C) is filed seeking the following reliefs:
"i. Issue a writ of certiorari or any other appropriate writ, order, or direction, to quash and set aside the said Exhibit P5 order issued by the 1st respondent, as being illegal, arbitrary, and contrary to law.
ii. To grant such other and incidental reliefs as this Hon’ble court may deem fit, just and necessary in the peculiar facts and circumstances of this case." [SIC]
2. The petitioner was successfully contested as a candidate of the Bharatiya Janata Party (BJP) and was duly elected as a member of Kottungal Grama Panchayat (hereinafter mentioned as Panchayat), representing Ward No.5 of Malambara constituency. There are 14 wards in the above Panchayat. As per the officially declared final results of the Panchayat elections, the BJP secured victory in five (5) wards,
The court held the Election Commission lacks authority to annul post-election results, emphasizing disputes must be resolved in civil court per Kerala Panchayat Raj Act, 1994.
The court's decision was influenced by the interpretation of Rule 8(7)(a) of the Kerala Municipality (Election of Chairperson and Deputy Chairperson) Rules 1995, which mandates drawing lots and decla....
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
Point of Law : Election petition – State Election Commission as also the contesting respondents in their respective pleadings is that since the contesting respondents have assumed offices pursuant to....
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
Point of Law : Section 11B of the Act provides for election of Pradhan. Section 11D of the Act makes certain further prohibitions in respect of the persons who are seeking election as a Pradhan.
As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
