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2025 Supreme(Online)(Ker) 52310

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
C.U. BINOY – Appellant
Versus
STATE ELECTION COMMISSION – Respondent
WP(C) NO. 43667 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.DEEPU THANKAN, SMT.UMMUL FIDA, SMT.CINDIA S., SMT.POOJA CHANDRAN, SMT.GAYATHRI G.
For the Respondents: SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA

The court does not have jurisdiction to intervene in a returning officer's decision regarding nomination acceptance or rejection.

Headnote:Statute Analysis: The petition seeks to quash the decision linked to Exhibit P-6 and requests to disregard translation requirements for vernacular documents. Facts of the Case: The petitioner, a candidate for the Kunnamkulam Municipality election, is contesting rejection of his nomination based on prior demand notices.

Findings of Court:
The court determined it cannot intervene in the returning officer's jurisdiction regarding nominations.

Issues: The court examined the validity of the nomination rejection related to prior decisions.

Ratio Decidendi: The judgment emphasized the authority of returning officers in nomination matters, stating, 'The contentions raised by the petitioner... are left open.'

Result: The writ petition has no merit and is dismissed.

Table of Content
1. scope of writ petitions in election matters. (Para 1)
2. petitioner challenges rejection of nomination. (Para 2)

JUDGMENT

The above writ petition is filed with following prayers :

(i) Issue a writ of certiorari calling for the records leading to Exhibit P-6 and quash the same;

(ii) Order to dispense with the translation of the documents produced in the vernacular language. And (iii) Pass any such other orders as this Hon’ble Court deems, fit, proper and necessary in the circumstances of the case “ [sic]

2. The petitioner is a resident of Kunnamkulam Municipality and a candidate in the ensuing election to the Kunnamkulam Municipality is the submission. The main prayer in this writ petition is to issue a direction to the respondents not to reject the nomination of the petitioner in the ensuing election from ward No. 23 of Kunnamkulam Municipality for the reason of Ext.P3 demand notice because the same is stayed by this Court in W.P.(c.) No. 43327/2025. I am of the considered opinion that this is a prayer which cannot be entertained. This Court already stayed the demand notice. This Court cannot interfere in the jurisdiction of a returning officer. Whether a nomination is to be accepted or rejected is the jurisdiction of the returning officer. The contentions raised by the petitioner in this writ petition are left open.

There is no merit in the writ petition and hence, the same is dismissed.

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