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2026 Supreme(Online)(Ker) 6437

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
KOTTAYAM DISTRICT TENNIKOIT ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 223 OF 2026 | WP(C) NO.34533 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.BHARATH MURALI, SHRI.MANU NAIR G.
For the Respondents: SMT.LATHA ANAND - SC

A party's right to seek the appointment of an observer for re-elections must be considered without hindrance from earlier court observations.

Headnote:Statute Analysis: The writ appeal was filed under Section 5 of the High Court Act, 1958. Facts of the Case: The appellant challenged the dismissal of their writ petition concerning directions preventing the filing of an application for an observer in re-elections.

Findings of Court:
The court allowed the appellant to file an application for this purpose without any obstruction from previous orders.

Issues: The main question addressed was the appellant's ability to apply for observer appointment.

Ratio Decidendi: The court held that the appellant is entitled to apply for the appointment of an observer and that prior observations do not hinder the decision on this application.

Result: The writ appeal is disposed of with liberty granted to the appellant.

Table of Content
1. writ appeal challenges dismissal preventing re-election observer application. (Para 1 , 2)
2. court allows application for observer without previous hindrance. (Para 3)
3. writ appeal is disposed with liberty to file application. (Para 5)

JUDGMENT

SUSHRUT ARVIND DHARMADHIKARI ,J The present writ appeal, filed under Section 5 of the High Court Act , 1958, challenges the judgment dated 08.10.2025 passed in W.P.(C) No. 34533 of 2025, whereby the writ petition filed by the appellant has been dismissed.

2. The only grievance of the learned counsel for the appellant is that the directions contained in paragraph 7 of the order would prevent the appellant from filing an application to appoint the deputed observer for conducting re-elections. Apart from this, the appellant has no other grievance, and he is ready to file an application seeking the deputation of an observer.

3. The learned counsel for the respondent has no objection, but he submitted that if any application is filed by the appellant, it shall be considered in accordance with law. 4. In view of the aforesaid, we are of the considered opinion that this writ appeal can be disposed of with the observation that the appellant shall be free to file an application seeking the deputation of an observer to conduct the re-election, in accordance with law.

5. Any observation made by the learned single judge shall not come in the way of deciding the application, if any, filed by the appellant.

With the aforesaid liberty, this writ appeal is disposed of.

Sd/-

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