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2026 Supreme(Online)(Ker) 22425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S., JJ
Elvis Hershel Y – Appellant
Versus
State of Kerala Department of Collegiate Education – Respondent
WA NO. 531 OF 2026|WP(C) NO.37216 OF 2025



Advocates:
For the Appellants/Petitioners: Smt.Nisha George, Sri.A.L.Navaneeth Krishnan
For the Respondents: Shri.Thomas Abraham, SC, University of Kerala, Sri.George A.Cherian, Sri.Enoch David Simon Joel, Sri.R.Kishore (Kallumthazham), Sri.S.Sreedhev, Sri.Rony Jose, Shri.Leo Lukose, Sri.Karol Mathews Sebastian Alencherry, Shri.Derick Mathai Saji, Shri.Karan Scaria Abraham, Shri.Rinoy Innocent, Shri.Aadithya S.R., Smt.Anna Rose Nambadan, Smt.Arathi Prabhakaran, Smt.Rosanna C. Wilson, Shri.Amar S.R., Shri.Tito Andrews Alexander, Smt.Surumy K.A., Smt.Karthika Krishna P. M., Smt.Biya K. S., Smt.Fathima Siyad

The court emphasized the necessity for precise pleadings and evidence in legal proceedings, particularly in electoral disputes, asserting that vague allegations cannot substantiate claims in a writ petition.

Headnote:(A) Kerala High Court Act, 1958 - Article 226 - College Union Election - Writ petitioners sought to declare the election process conducted by a private college as illegal due to non-compliance with the Lyngdoh Committee recommendations - Court highlights the necessity of precise pleadings and evidence to substantiate allegations of malpractice in the election process. (Paras 3, 14, 15, 18)

(B) Electoral Procedures - The college union election process must adhere to statutory requirements, including ensuring fair opportunity for all eligible candidates to participate. The court noted that failure to include all candidates in the petition renders the allegations vague and non-justiciable. (Paras 8, 10, 13)

Facts of the case:
Writ petitioners, students of Fathima Matha National College, challenged the election process alleging violations of electoral norms and unfair practices. They claimed that several candidates with less than 75% attendance were allowed to contest and valid nominations were rejected without justification. (Paras 2-4, 13)

Findings of Court:
The court found that the writ petitioners failed to provide concrete evidence to support their allegations of malpractice regarding the electoral roll and attendance records. The learned Single Judge was held to have overlooked crucial aspects of the pleadings and evidence. (Paras 15, 17)

Issues: The main issues included whether the election process complied with statutory norms and whether the allegations of malpractice were sufficiently substantiated by the petitioners. (Paras 8, 14, 17)

Ratio Decidendi: The court reiterated the importance of detailed pleadings and evidence in election-related writs, stating that vague claims without substantiation do not merit judicial intervention. Relief cannot be granted based on unpleaded grounds, which violated the principles of natural justice. (Paras 15, 16)

Result: Writ appeal allowed; verdict of the Single Judge set aside and the writ petition dismissed.

Table of Content
1. election process demands compliance with university guidelines. (Para 2 , 3 , 6)
2. writ petitioners allege unfair election process. (Para 4 , 12 , 13)
3. respondents defend election validity against allegations. (Para 10 , 11 , 14)
4. pleadings and evidence crucial in judicial review. (Para 15 , 16)
5. judicial decision based on pleadings; dismissal in this case. (Para 18)

JUDGMENT

Muralee Krishna, J.

The respondents 11 and 12 in W.P.(C)No.37216 of 2025 filed this writ appeal under Section 5 (i) of the Kerala High Court Act 1958 , challenging the judgment dated 20.02.2026 passed by the learned Single Judge in that writ petition.

2. The writ petitioners are students of a private College, by name Fathima Matha National College, Kollam, affiliated to the University of Kerala. They filed W.P.(C)No.37216 of 2025 under Article 226 of the Constitution of India , seeking the following reliefs;

“1. Issue a Writ of Mandamus or any appropriate writ, or order declaring the election process to be conducted by Fathima College for the College Union Election 2025-26 as illegal, null and void for non-compliance with the Lyngdoh Committee recommendations and University notification.

2. Issue a Writ of Mandamus or any appropriate writ, or order Directing the University of Kerala to conduct a fresh election in Fathima College in accordance with the schedule and norms prescribed under the notification dated 17.09.2025.

3. Issue a Writ of Mandamus or any appropriate writ, or order Directing the Registrar of the University to conduct an enquiry into the manipulation of attendance records and illegal acceptance of nominations of ineligible candidates.

4. Issue a Writ of Mandamus or any appropriate writ, or order staying the Election to be held by the 3rd respondent on 10.10.2025 till the disposal of this Writ petition in the interest of Justice”.

3. According to the writ petitioners, the college union election for the academic year 2025 - 2026 in their college is being held in total violation of Ext.P1 University notification dated 17.09.2025. The writ petitioners allege that several students were denied a fair opportunity to file nominations, as the publication of the electoral roll and the scrutiny of the nominations were conducted simultaneously. According to the writ petitioners, the Head of the department, in clear violation of the Lyngdoh Committee Recommendations and the directions issued by the University, undertook the receipt and scrutiny of nomination papers instead of by the duly designated returning officer. Consequently, several valid nominations were arbitrarily rejected, while certain others were accepted without justification.

4. Before the learned Single Judge, on behalf of the 2nd respondent in the writ petition, University of Kerala, a statement dated 09.10.2025 was filed. On behalf of the college, the Principal of the college filed a counter-affidavit dated 01.12.2025 opposing the reliefs sought for. Similarly, the Returning Officer filed a counter affidavit dated 01.12.2025 opposing the reliefs sought for and producing therewith Ext.R4 (a) document.

5. The appellants herein were not initially made parties to the writ petition. They were self-impleaded in the writ petition as per the order in I.A.No.1 of 2026.

6. On 20.02.2026, the learned Single Judge disposed of the writ petition, whereby the Registrar of the University was directed to take an appropriate decision on the complaints so far received by him and take expeditious steps to conduct the election following due process of law. Depending upon the decision to be taken on the complaints, the Registrar was directed either to re- notify the election or to continue the election from any appropriate stage pursuant to the notification dated 17.09.2025. Being aggrieved, the additional respondents 11 and 12, who were self-

impleaded in the writ petition filed the present writ appeal.

7. Heard the learned counsel for the appellants, the learned counsel for respondents 11 to

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