JUDGMENT

The petitioners, who are stated to be studying in 'A K N M Polytechnic', Malappuram, have approached this Court impugning Ext.P4, through which, the votes cast by them in the College Union election have been rejected on the ground that they have marked their preference in blue colour, rather than in red.

2. The petitioners assert that there is nothing on record, including in Exts.P2 and P3, that the students should mark their preference only in red, but that the Returning Officer still chose to reject their votes, through Ext.P4. They thus pray that Ext.P4 be set aside and the Returning Officer be directed to count all the votes, including theirs; and declare the results of the elections to the College Union, within a time frame to be fixed by this Court.

3. The afore submissions of Sri.Ajas K.S – learned counsel for the petitioner, were answered by Sri.Joshy Thannickamattam – learned Government Pleader, saying that all students were directed to show their preference only in red ink, but that petitioners chose to act contrary to it and to use blue ink. He explained that, it is, therefore, that the Returning Officer rejected their votes through Ext.P4.

4. However, to a pointed