IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939 WP(C).No. 6770 of 2018 PETITIONER: NISHA JOHN, VALIYAPARAMBIL HOUSE, PALATHURUTHU, ELAMKULAM, ERNAKULAM DISTRICT, PIN- 682 020.

BY ADVS.SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SRI.PAUL C THOMAS SRI.A.TJOSE SRI.BIJITH S.KHAN RESPONDENT(S):

1. THE DISTRICT COLLECTOR, ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR, ERNAKULAM,CIVIL STATION, THRIKKAKKARA, PIN -682 030.

2. KUDUMBASHREE DISTRICT ELECTION OFFICER, THE DEPUTY COLLECTOR, (ELECTION), OFFICE OF THE DEPUTY COLLECTOR (ELECTION), THRIKKAKARA, ERNAKULAM, PIN- 682 030.

3. KUDUMBASHREE ELECTION OFFICER, COCHIN CORPORATION, DIVISION NO.54, SOUTH CDS, CORPORATION OF COCHIN-682 001

4. DAISY MICHEAL, CHAKKALAYL HOUSE, KADAVANTHRA P.O., ELAMKULAM, ERNAKULAM DISTRICT, PIN- 68 2020.

R1 & R2 BY GOVERNMENT PLEADER SRI.S.KANNAN R3 BY SRI.K.P.JUSTINE(KARIPAT)SC, SRI.JOSEPH K.L., SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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13/3/2018 APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE OF THE ELECTION NORMS RELATING TO CONDUCT OF ELECTION IN THIRD ADS EXHIBIT P2 A TRUE COPY OF THE MINUTES OF THE ADS ELECTION IN THE 54TH DIVISION DATED 22.01.2018 EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE RETURNING OFFICER/ASSISTANT PROJECT OFFICER (WOMEN DEVELOPMENT ERNAKULAM)

EXHIBIT P4 A TRUE COPY OF THE LETTER FORWARDED BY THE RETURNING OFFICER TO THE MEMBER SECRETARY OF CORPORATION OF COCHIN EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 22.01.2018 ISSUED BY THE PETITIONER TO THE DISTRICT COLLECTOR EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED 23.01.2018 SUBMITTED BY THE 4TH RESPONDENT EXHIBIT P7 A TRUE COPY OF THE PETITION PRESENTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR ALONG WITH ITS ATTACHMENT DATED 31.01.2018 EXHIBIT P8 THE TRUE COPY OF THE FORWARDING LETTER ISSUED BY THE KUDUMBASHREE ELECTION OFFICER TO THE DEPUTY COLLECTOR DATED 01.02.2018 EXHIBIT P9 A TRUE COPY OF THE REPORT DATED 12.02.2018 ISSUED BY THE RETURNING OFFICER OF ADS TO THE DISTRICT ELECTION OFFICER.

RESPONDENT'S EXHIBITS: NIL /TRUE COPY/

P.S.TO JUDGE sts

13/3/2018 SHAJI P. CHALY, J.

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Dated this the 7^th day of March, 2018

JUDGMENT

Petitioner is a nominated candidate for election to the post of Chairperson in the Area Development Society (ADS), in the 54^th Division of the Corporation of Cochin. The election was scheduled on 22.01.2018. The election event was controlled by an election officer deputed from the Corporation of Cochin, and the election is conducted as per Ext.P1 election norms. As per the norms, a lady will preside the election event, and 7 delegates are to be nominated to the apex body viz., CDS, by way of nomination/election by secret ballot, if required, or the circumstances warrant. According to the petitioner, the election was smoothly conducted in which the petitioner is nominated as the Chairperson of the ADS, and the 4^th respondent is elected as the Vice Chairperson of the ADS. Five other members are also nominated to represent the ADS of the 54^th Division to participate in the CDS election which was scheduled on 25.01.2018.

2. However, subsequent to the election, on the very next day, 4^th respondent filed a complaint, alleging election malpractices in the ADS election by the Election Officer/Returning Officer. As per the election norms, a complaint is to be submitted to the District Election Officer in the first instance and the District Collector is the Appellate Authority. However, 4^th respondent preferred Ext.P6 complaint before the Appellate Authority. It is also stated that, petitioner was invited to participate in the East CDS election on 25.01.2018. However, due to some direction at the official level, petitioner was not allowed to participate in the election eve