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2025 Supreme(Online)(Ker) 52533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
FATHIMATH SHAHANA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 43265 OF 2025
For the Appellants/Petitioners: SHRI.MAAROOF, SMT.NAFIYA SHAHALA C.K.
For the Respondents: SRI DEEPULAL MOHAN, SC, SPL GP, SMT DEEPA K R
Electoral registration process allows opportunities for objections; late petitions are discouraged.
Headnote:This writ petition seeks a Mandamus order to include the petitioner's name in the electoral roll for local elections and to challenge the omission as illegal and violative of constitutional provisions including Articles 14 and 21. The court observes that the petitioner had ample opportunity to register and submit objections during the electoral process. The petition is dismissed due to a lack of grounds for intervention at this stage.
Result: The Writ Petition
(C) is dismissed.
| Table of Content |
|---|
| 1. petition seeks inclusion in electoral roll (Para 1 , 2) |
| 2. petitioner had multiple opportunities for registration (Para 3 , 4) |
| 3. petition dismissed as election process advanced (Para 5) |
JUDGMENT
The above writ petition is filed seeking the following reliefs:
“i. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the Respondent No.5, Electoral Registration Officer, Chemnad Grama Panchayat, to include the name of the Petitioner in the electoral roll of the Respondent No.6 Panchayat for the 2025 Local Body Elections.
ii. Issue a writ of Mandamus or any other appropriate writ, order or direction directing Respondent Nos. 3 to 5 to consider and pass orders on representations submitted by the Petitioner, within a time frame stipulated by this Hon’ble Court, and to take necessary steps to correct the electoral roll accordingly.
iii. Declare that the omission of the Petitioner’s name from the draft and final electoral rolls for the 2025 Local Body Elections, without notice, inquiry or hearing, is illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, as well as contrary to the mandatory provisions of the Kerala Panchayat Raj Act, 1994 and the principles of natural justice.
iv. To dispense off with translation of vernacular documents to English; v. Issue such other writ, order or direction as this Hon’ble Court may deem just, fit and proper in the facts and circumstances of the case, in the interest of justice”
[SIC]
2. The petitioner filed this writ petition because of her name is excluded from the final voters list for the 2025 Local Body Election of the Chemnad Grama Panchayath. According to the petitioner, she has been a duly enrolled voter of the 6th respondent Panchayath and her name appeared in 2024 Lok Sabha Electoral Roll as part Serial No.1131. However, without notice, enquiry, hearing or any statutory verification, her name was omitted from both the draft and the final electoral rolls published in connection with the forthcoming Local Body Election. Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the State Election Commission and also the Special Government Pleader.
4. The Standing Counsel for the Election Commission submitted that the Election Commission gave several opportunities to the petitioner to register her name in the electoral roll and it started from 19.07.2025. The petitioner had an opportunity to submit her objection at the stage of preliminary voters list and even after the final voters list was published. The petitioner also had an opportunity to be included in the electoral roll till the 4th and 5th of November, 2025.
Thereafter, the petitioner submitted Exts.P5, P6 and P7.
5. I think, there is force in the argument of the Election Commission. The election process already started and the last date for submitting the nomination paper is this Friday (21.11.2025). I am not inclined to entertain this writ petition at this stage.
Accordingly, this Writ Petition(C) is dismissed.
