This writ petition is filed seeking the following prayers:-

(I) Call for the records pertaining to Ext.P5 order and

Ext.P6 Election Notice and quash the same by issuing Writ of

Certiorari.

(ii) issue a Writ of Mandamus directing the 1^st and 2^nd

respondents to conduct re-election only to the post of Vice

Chairperson of CDS Cheranelloor Grama Panchayath by permitting

the candidates from BPL Family to contest said election and

further approve the election of the petitioner as Chairperson of

CDS Cheranelloor Grama Panchayath, in the interest of justice.

2. Heard learned counsel for the petitioner and the learned

Government Pleader as well as the learned counsel appearing for

the 4^th respondent.

3. The petitioner, who is one of the 17 governing body

members of Kudumbasree Community Development Society (CDS)

of Cheranelloor Grama Panchayat, has approached this Court

challenging Ext.P5 order passed by the Deputy Collector. It is

stated that the election to the Chairperson and Vice Chairperson of

the CDS is to be appointed in terms of the election rules, which

were formulated by the Government by Ext.P2 Rules. It is stated

that the Rules provide that if the Chairperson elected by the

WP(C).No. 3922 of 2018 4

Governing members of the CDS belongs to the APL category, the

Vice Chairperson has to be elected from the BPL category.

4. It is stated that the election to the post of Chairperson and

Vice Chairperson was conducted on 25.01.2018. Initially, the

petitioner was elected as Chairperson. She belongs to the APL

category. Thereafter, the election to the post of Vice Chairperson

is conducted. Instead of conducting election from among the BPL

category members, election was conducted permitting all

candidates to participate and a person from the APL category was

elected as Vice Chairperson. It is stated that the Returning Officer

thereafter, cancelled both the elections and proceeded to conduct

election to both posts of Chairperson and Vice Chairperson all over

again. The petitioner was again suggested as a candidate for the

election as Chairperson. The rival candidate, i.e., 4^th respondent

was declared elected as Chairperson. The 4^th respondent belongs

to the BPL category. Thereafter, election to the post of Vice

Chairperson was held and the 5^th respondent who belongs to the

APL category was declared elected as Vice Chairperson.

5. The petitioner, thereafter, approached the District Collector

with Ext.P3 complaint. The contention in Ext.P3 is to the effect

that the Returning Officer had no jurisdiction whatsoever to cancel

the election duly conducted to the post of Chairperson and to

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conduct the election all over again. Ext.P3 complaint was

preferred before the District Collector on the day of the election

itself. It is stated that a personal hearing was conducted by the 1^st

respondent on 30.01.2018 in the presence of all affected persons

and the petitioner was required to submit a detailed

representation. The petitioner submitted Ext.P4 representation.

Thereafter, Ext.P5 order has been passed finding that the

procedure adopted by the Returning Officer was wrong and

therefore the election was vitiated by technical defects. The

Deputy Collector in the capacity of District Election Officer issued

Ext.P5 order directing re-conduct of election to the posts of

Chairperson and Vice Chairperson to the Cheranelloor Grama

Panchayat Kumbasree CDS. This order is under challenge.

6. The learned counsel for the petitioner would contend that

the very action of the Returning Officer in cancelling the election of

the Chairperson, and having conducted a re-election without any

complaint being raised, was completely illegal and unwarranted. It

is therefore contended that the District Election Officer ought to

have upheld the election of the petitioner, which had been duly

declared by the Returning Officer. It is