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2025 Supreme(Online)(Ker) 51904

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ANILKUMAR.K.K – Appellant
Versus
ELECTORAL REGISTRATION OFFICER – Respondent
WP(C) NO. 43111 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.S.BINU, SRI.SAJEEVAN KURUKKUTTIYULLATHIL
For the Respondents: SPL GP SMT DEEPA K R, SRI DEEPULAL MOHGAN, SC

The court mandates timely consideration of electoral roll inclusions under the Representation of Peoples Act, ensuring petitioner rights are upheld.

Headnote:The petitioners seek a writ of mandamus directing the 1st respondent to include their names in the electoral roll and to dispose of an appeal under the Representation of Peoples Act, 1951. The court finds merit in the petition, directing the 2nd respondent to consider the appeal promptly. The court underscores the importance of timely electoral processes and the right to be heard, hence orders the 2nd respondent to take the necessary actions without delay.

Result: The Writ Petition is disposed of with directions to the respondents as articulated.

Table of Content
1. writ petition seeks inclusion in electoral roll. (Para 1 , 2)
2. counsel submissions express urgency for election participation. (Para 3)
3. court emphasises prompt action by respondents. (Para 4)

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“(i) To issue writ of mandamus or such other writ or direction directing the 1st respondent to re-consider the matter and to include the names of the petitioners and others in the electoral roll of the Ward No.11 of Puthenchira Constituency.

(ii) To give direction to the 2nd respondent to dispose Exhibit P7 Appeal in accordance with the provisions of Representation of Peoples Act, 1951 at the earliest within a time frame.

(iii) To pass such other order or direction which this Hon’ble court deem fit to pass in the circumstances of the case”

[SIC]

2. When this writ petition came up for consideration, the counsel appearing for the petitioners submitted that the petitioners will be satisfied if a direction is issued to the 2nd respondent to consider Ext.P7 within a short time because the petitioners want to contest in the election.

3. Heard the learned Standing Counsel appearing for the State Election Commission and also the Special Government Pleader.

4. After hearing both sides, I think, there can be a direction to the 2nd respondent to consider Ext.P7 forthwith.

Therefore, this Writ Petition (C) is disposed of with the following directions:

1. The 2nd respondent is directed to consider Ext.P7 by tomorrow itself (19.11.2025), after giving an opportunity of hearing to the petitioners and the objector concerned.

2. The petitioners will produce a certified copy of the judgment along with a copy of this writ petition with exhibits before the 2nd respondent for compliance.

3. The Standing Counsel for the Election Commission and the Special Government Pleader also will communicate the 2nd respondent about this order.

4. The petitioners will appear before the 2nd respondent for hearing on 19.11.2025 at

10.00 AM.

Issue a copy of this order today itself.

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