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2026 Supreme(Online)(Ker) 4457

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ANIL KUMAR.V – Appellant
Versus
THE STATE ELECTION COMMISSION – Respondent
WP(C) NO. 3138 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.ATHIRA A.MENON
For the Respondents: SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA, SPL GP SMT DEEPA K R

The Court held that issues regarding conducted elections may be addressed in civil court, not within extraordinary jurisdiction under Article 226.

Headnote:This Writ Petition seeks reliefs regarding violations of Sec.162(2) of the Kerala Panchayat Raj Act during the election of Standing Committee members to the West Kallada Grama Panchayat. The petition alleges non-compliance with relevant rules and guidelines. The Court finds that the petitioner has alternative remedies available in civil courts and refrains from exercising its extraordinary jurisdiction under Article 226. The petition is disposed of accordingly.

Table of Content
1. allegations of election violations (Para 1 , 2)
2. hearing of parties' arguments (Para 3)
3. court's non-entitlement to extraordinary jurisdiction (Para 4)

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. To call for records leading to Ext.P2, P5 and P6 and set aside the same by issuing a writ of certiorari as it violates Sec.162(2) of the Kerala Panchayat Raj Act and Rules therein.

ii. To declare that the election of Standing Committee members to the various Standing Committees of West Kallada Panchayat pursuant to Ext.P2 notice was conducted not in accordance with the Kerala Panchayat Raj Act and Rules, Ext.P1 guidelines and hence illegal.

iii. To issue a writ of mandamus commanding the respondents 1 to 3 to take immediate steps to conduct the election of Standing Committee members of West Kallada Grama Panchayat afresh, in compliance with Kerala Panchayat Raj Act , Rules and guidelines of the Kerala State Election Commission. "

[SIC]

2. Petitioner submits that the election conducted for the Standing Committees of the 5th respondent, West Kallada Grama Panchayat, is in violation of Rule 3(A) of the Kerala Panchayat Raj (Standing Committees) Rules. Petitioner also takes me through Ext.P4, the report of the Internal Vigilance Officer to the Joint Director, Local Self Government Institutions. Therefore, it is submitted that the election of the Standing Committee members to the various Standing Committees of West Kallada Grama Panchayat pursuant to Ext.P2 notice is not in accordance with the Kerala Panchayat Raj Act , Rules, and Ext.P1 guidelines. Hence, this Writ Petition.

3. Heard the Counsel for the petitioner, the Standing Counsel appearing for the State Election Commission. I also heard the Standing Counsel appearing for the Panchayat.

4. Admittedly, the election of the Standing Committee is already over. If the petitioner has any grievance against the election conducted, the petitioner has a remedy by way of a civil suit before the civil court. I am of the considered opinion that this court need not entertain this writ petition invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. All the contentions raised by the petitioner are left open, and the petitioner is free to agitate the same before the appropriate Court at the appropriate stage in accordance with law.

With the above observation, this Writ Petition is disposed of.

Sd/-

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