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2025 Supreme(Online)(Ker) 53235

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
CHANDRAN.R – Appellant
Versus
STATE ELECTION COMMISSION – Respondent
WP(C) NO. 44212 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.B.S.SWATHI KUMAR, SMT.ANITHA RAVINDRAN, SRI.HARISANKAR N UNNI, SMT.K.MINI MOLE
For the Respondents: SPL.GP, SMT. DEEPA K.R ; SC, SRI. DEEPU LAL MOHAN

The Court affirms its inability to interfere with nomination rejections post-deadline and emphasizes adherence to electoral processes.

Headnote:The writ petition aims to declare the petitioner’s nomination valid, alleging illegal rejection by the election authorities. The petitioner's name is included in the electoral roll. However, the Court finds it cannot interfere since the nomination deadline has passed (Kerala Panchayat Raj Act, Sec. 24(3)). The petition is therefore dismissed. The Court concludes: 'There is no merit in the writ petition and hence, the same is dismissed.'

Table of Content
1. petitioner's eligibility based on voter registration. (Para 1 , 2)
2. court's inability to intervene due to electoral laws. (Para 4)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) to declare that the petitioner’s nomination is a valid nomination on the strength of Ext P4, that the rejection of his nomination is illegal and that his nomination is liable to be accepted;

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding compelling the respondents

1 to 3 to accept the petitioner’s nomination as a valid one;

iii) Issue a writ of certiorari or any other appropriate order or direction calling for the records leading to Ext.P6 and quash the same;

iv) dispense with the English translation of vernacular documents;

v) issue such other appropriate writ order or direction as this Hon’ble Court may deem fit and proper to meet the ends of justice ”[SIC]

2. The petitioner is a voter in Kollengode Panchayat, his name being included in the voters list of ward No.5 (Aanamaari ward) of Kollengode Grama Panchayat and he intends to contest in the election to the Kollengode Block Panchayat is the submission. His eligibility is evident from Ext.P4 order issued by the District Collector on the basis of the direction issued by this court vide Ext.P3 and accordingly, he filed nomination before the 2nd respondent to contest from ward No.8 (Kollengode Block Panchayat) is the submission. But his nomination was rejected by the 2nd respondent stating that he is not a voter in the Electoral Roll. It is submitted that, since the petitioner's name is included in the voters list of ward No. 5 (Aanamaari) of Kollengode Grama Panchayat as evident by Ext.P4, he is eligible to contest in the election and the rejection of his nomination is illegal and arbitrary. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Election Commission.

4. It is an admitted fact that the last date for submitting the nomination is over on 21.11.2025. From that date onwards, the electoral roll is freezed as per Sec.24(3) of the Kerala Panchayat Raj Act . Therefore, this Court cannot interfere with the same. The contention raised by the petitioner in that regard is left open. As far as the rejection of nomination is concerned also, it is a settled position that this Court cannot interfere with such orders. If the petitioner is aggrieved by the same, the petitioner has got remedy in the Panchayat Raj Act by way of Election Petition.

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

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