SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 5170

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SUNIL KUMAR.T.K – Appellant
Versus
STATE ELECTION COMMISSION – Respondent
WP(C) NO. 2782 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.SHANES METHAR, SHRI.N.KRISHNA PRASAD, SHRI.A.MOHAMMED FAIZAL, SHRI.ARJUN P.V., SHRI.HARKISH SREETHU V.S., SHRI.S.RAMESH BABU (SR.)
For the Respondents: SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA

A writ petition is not maintainable when alternative remedies are available under the relevant Act.

Headnote:Statute Analysis reveals that the petitioner sought relief under the Kerala Panchayat Raj Act following the rejection of his vote in the panchayat election. The Court held that the petitioner has an alternate remedy under Sec. 153 (14) of the Act. The findings confirmed the rejection of the writ petition without addressing its merits. Issues presented whether the petitioner's vote was valid and the resulting actions were framed under the Act. The Court reasoned that the alternative judicial remedies must be pursued before the appropriate forum.

Result: 'With the above observation, this writ petition is disposed of.'

Table of Content
1. petitioner requests validation of his vote in a panchayat election. (Para 1)
2. court emphasizes alternative remedies under the act. (Para 2)

JUDGMENT

The above writ petition is filed with following prayers :

i) “To declare that vote cast by the petitioner in the election dated 27.12.2025 to the post of President in the third respondent Panchayat (Munderi Grama Panchayat)

is valid;

ii) To issue a writ of mandamus or any other writ or direction commanding the second respondent to declare the result of the election to the post of President of the third respondent Panchayat held on 27.12.2025 by treating the vote cast by the petitioner as valid;

iii) To pass an order to dispense with production of English translation exhibits in vernacular language.

iv) To grant such other reliefs as this Hon’ble Court may deem fit and proper in the facts circumstance of the case; .” [sic]

2. The petitioner challenged the rejection of petitioner's vote in the President Election of 3rd respondent- Panchayat. I am not inclined to entertain this writ petition for the simple reason that the petitioner has got an alternative remedy as per Sec. 153 (14) of the Kerala Panchayat Raj Act . Therefore, I do not want to make any observation about the merit of the case. All the contentions raised by the petitioner in this writ petition are left open. The petitioner is free to agitate the same before the appropriate forum, in accordance with law.

With the above observation, this writ petition is disposed of.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top