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2025 Supreme(Online)(Ker) 55019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SAVITHA JAYAPRAKASH – Appellant
Versus
RETURNING OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH, SMT.T.K.SNEHASREE
For the Respondents: SRI DEEPULAL MOHAN, SC, SR GP SMT VIDYA KURIAKOSE

JUDGMENT

The above writ petition is filed with following prayers :

“.a) to issue a writ of Mandamus or such other writ or direction to the respondent No.1 and 4 to permit open votes strictly in case of disabled persons only in constituency15- Payyavoor of Irikkur Block Panchayath.

b) To dispense with filing of translation of vernacular documents c) For such other and further writs or orders as the nature and circumstances of the case may require “ [sic]

2. The main prayer in this writ petition is to issue a direction to the 1st and 4th respondents to permit open votes strictly in case of disabled persons .

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

4. Standing Counsel takes me through Rule 35(c)

of the Kerala Panchayat Raj (Conduct of Election) Rules, 1995 (for Rules 1995). As per Rule 35(c), a procedure is prescribed for allowing a person to vote on behalf of a blind or infirm person. Standing Counsel also takes me through an order No. B2/132/2025-SEC-Part (1) dated 25.11.2025 of the Election Commission by which certain conditions are also imposed. The Standing Counsel submitted that such voters will be allowed to vo

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