IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5430 of 2010(O)
1. ALIMA USMAN, W/O.USMAN,
... Petitioner
Vs
1. P.K.SHAREEF,
... Respondent
2. P.K.RAJEESH, S/O.KARUNAKARAN,
For Petitioner :SRI.K.RAMACHANDRAN
For Respondent :SRI.T.H.ABDUL AZEEZ
The Hon'ble MR. Justice P.BHAVADASAN
Dated :11/03/2010
O R D E R
P.BHAVADASAN, J.
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WP(C) No.5430 of 2010-O
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Dated 11th March 2010
Judgment
In this Petition filed under Article 227 of the
Constitution of India, the petitioner assails Ext.P3 order, by
which the Court below directed that the ballot box shall be
opened and the ballot papers be verified before the Presiding
Officer, in the presence of the counsel on both sides.
2. The petitioner is the respondent in Election OP
No.22/05 before the Munsiff’s Court, Chavakkad. The
petitioner and the respondents contested the Panchayat
election held to Ward No.1 of Mullassery Grama Panchayat.
When the results of the election were announced, the petitioner
got 312 votes, the first respondent got 311 votes and the
second respondent got 192 votes. There were 11 invalid votes
and also another invalid vote since there was no signature of
the Presiding Officer on the ballot paper. Finally, the petitioner
was declared as elected.
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3. The complaint of the first respondent herein in the
election petition was that the ballot paper which was declared
as invalid due to absence of signature of the Presiding Officer
on it, was a vote in his favour. When the Election Petition filed
by the first respondent came up for evidence, he filed IA
No.424/10 before the Court below, seeking for inspection of the
ballot papers in Court. The said IA is produced as Ext.P1 in this
Petition. The petitioner herein filed detailed objections to
Ext.P1, which is produced as Ext.P2. The petitioner alleges
that without considering his objections, the Court below passed
Ext.P3 order, allowing Ext.P1 IA filed by the respondent herein.
The said order is assailed in this Petition.
4. On the very face of Ext.P3, it is unsustainable in
law. It is well settled that the opening of the ballot box is very
seldom done and only under exceptional circumstances. A
prima facie case will have to be established for scrutinising the
ballot papers, which has not been done in the present case.
Therefore, the order is only to be set aside. Accordingly, this
Writ Petition is allowed. Ext.P3 order is set aside. The Court
below is directed to dispose of the Election OP as expeditiously
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as possible, at any rate, within four months from the date of
receipt of a copy of this Judgment.
P.BHAVADASAN, JUDGE
sta
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