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 question from this Court, the learned Government Pleader was unable to show me any document, wherein an express instruction was given to the students to use a particular colour; but his explanation was that a meeting had been called by the Returning Officer just before the conduct of elections, to make such a stipulation.

5. As expected, the petitioners say that they were not aware about such stipulation and that they did not obtain any instructions from the Returning Officer. Interestingly, there is nothing to counter this from the side of the respondents either.

6. As far as the documents on record go, there is no instructions available that the students should have used a particular colour to cast their votes.

In the afore circumstances, I am certain that Ext.P4 cannot find my favour.

Resultantly, this Writ Petition is allowed and the Returning Officer is directed to count the votes of the petitioners also and to declare the results of the election, without any avoidable delay.

Needless to say, I have entertained this Writ Petition only on the basis of the contents of Ext.P4 and it is up to the Returning Officer to verify whether the votes of the petitioners have any other invalidity, than what is stated therein.