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.

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 1^st 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, while the United Democratic Front (UDF) alliance also won five (5) wards. The Social Democratic Party of India (SDPI) emerged victorious in three (3) wards, and the Left Democratic Front (LDF) alliance secured one (1) seat.

3. The 4^th respondent had conducted the election to the Offices of President and Vice President of the Panchayat on 27.12.2025. The said election was held in accordance with the prescribed statutory procedures and guidelines governing Local Self Government Institutions is the submission. Ext.P2 is the circular issued by the 1^st respondent. Pursuant to the aforesaid election process, the petitioner contested for the post of Vice President of the Panchayat. For the post of Vice President, there were three contestants, including the petitioner, who represented the Bharatiya Janata Party (BJP). The 7^th respondent, representing UDF, and the 8^th respondent, representing SDPI, submitted nomination papers along with the petitioner.

4. According to the petitioner, the election was conducted strictly in accordance with Ext.P2 circular. When the total votes were counted, the petitioner obtained five (5) votes, the 7^th respondent secured five (5) votes, and the 8^th respondent obtained three (3) votes. It is submitted that, since the 8^th respondent secured the lowest number of votes, he was eliminated from the contest for the post of Vice President. Thereafter, the 4^th respondent proceeded with the election process in accordance with the guidelines contained in Ext.P2 is the submission. In the second stage of the election, the petitioner and the 7^th respondent secured an equal number of votes, resulting in a tie. Thereafter, according to the petitioner, as per clause VI. 16(D) of Ext.P2, the procedure of selection by draw of lots was adopted. Pursuant to the said procedure, the name of the 7^th respondent was drawn. Consequently, in accordance with the said guideline, the 7^th respondent was eliminated from the election process for the post of Vice President and the petitioner was declared elected as Vice President of the Panchayat. Ext.P3 is the election proceedings of the Panchayat dated 27.12.2025. Pursuant thereto, the 4^th respondent, vide Ext.P3, issued an official notice formally declaring the petitioner as having been elected to the post of Vice President of the Panchayat. In compliance with the statutory requirements, the petitioner thereafter took the prescribed oath of office and formally assumed charge as Vice President of the Panchayat with effect from 27.12.2025, is the submission. Ext.P4 is produced, evidencing the assumption of charge by the petitioner as Vice President.

5. Subsequently, the 1^st respondent issued Ext.P5, cancelling the election of the Vice President of the Panchayat, stating that the procedure adopted by the 4^th resp