JUDGMENT

Dated this the 13th day of February, 2020 S. Manikumar, CJ Instant writ appeals are filed against judgment 03.02.2020 in W.P.(C)

Nos.815 and 1588 of 2020, by which the writ court dismissed the writ petitions holding that petitioners/appellants have not made out a case justifying interference of this Court by exercising the power of judicial review for quashing Exhibit-P1 notification issued by the State Election Commission and declined to issue a consequential direction to the State Election Commission, respondent herein, to undertake the task, as per the provisions of Sections 146(1) of the Panchayat Raj Act and 83(1) of the Municipality Act.

2. Short facts leading to the filing of the appeals are that, 1st appellant in W.A. No.238 of 2020 is a voter in Ward-12 of Nadapuram Panchayat and President of Nadapuram Niyojakamandalam Muslim League Committee. He was also the President of Nadapuram Grama Panchayat and President of Kunnummal Block Panchayat. 2nd appellant in that appeal is the Standing Committee Chairman (Works) of Feroke Municipality and Vice President of Beypore Niyojakamandalam Muslim League Committee.

3. Appellant in W.A. No.249 of 2020 is a resident within the limits of the Corporation of Kochi. He is a voter in the voters list prepared by the State Election Commission for 2015 election of Local Self Government Institutions. He is also a voter in the voters list prepared by the Election Commission of India, New Delhi for 2019 General Election held to the Parliament.

4. According to the appellants, election to the local bodies in Kerala is to be conducted in the month of October-November, 2020. State Election Commission has decided to renew the voters' list/electoral roll, for the purpose of Local Body Election as well as General Body Election for 2020. Hence, the State Election Commission vide order dated 4.1.2020 (Exhibit-P1) issued a direction to the election officers and electoral officers to renew the electoral roll of all local bodies, except Mattannur Municipality, by adopting and publishing the voters list prepared for the year 2015 General Election of Local Self Government Institutions as the basis, and to adopt the voters list used for the above bye-elections and thus, to take steps to renew the voters list. 5. Appellants in W.A. No.238 of 2020 have contended that more than

90% of the voters, who are now required to be included in the new list, are already included in the electoral roll prepared for Lok Sabha Election, 2019. It is evident from Exhibit-P1 itself that for the 2015 election, ward-wise database was prepared on the basis of electoral roll of 2014 Lok Sabha Election. Being aggrieved, the appellants have filed representation before the State Election Commission requesting to withdraw Exhibit-P1 order and to re-issue directions to the officers to prepare the electoral roll considering the electoral roll of

2019 election as the draft. They did not take any action.

6. Being aggrieved, appellants in W.A. No.238 of 2020 have filed W.P.

(C) No.815 of 2020 seeking for the following reliefs:

i) To issue a writ of certiorari quashing Exhibit-P1 order passed by State Election Commission.

ii) To issue a writ of mandamus directing the Secretary, State Election Commission to prepare the electoral roll for the Local Body Election, 2020, keeping the electoral roll of Lok Sabha Election-2019 as a draft electoral roll, after preparing the database by field verification through house verification officers as carried out during the Local Body Election, 2015.

7. Appellant in W.A. No.249 of 2020 has filed W.P.(C) No.1588 of 2020 seeking for the following reliefs:

i) A writ of certiorari or any other appropriate writ, order to quash Exhibit-P1 order.

ii) To issue a writ of mandamus or appropriate order or direction to the Secretary, State Election Commission, Kerala, respondent No.3, to issue direction to renew the voters list 2020 by adopting the voters list 2019 prepared by the Election Commission of India, New Delhi