IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25320 of 2010(L)
1. GEORGE THOMAS, KOKATTU HOUSE,
... Petitioner
2. LOVELY GEORGE, KOKATTU HOUSE
Vs
1. THE ELECTORAL REGISTRATION OFFICER &
... Respondent
2. THE DEPUTY DIRECTOR OF PANCHAYATS,
3. THE DISTRICT ELECTION OFFICER,
For Petitioner :SRI.SHAJI THOMAS PORKKATTIL
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :07/09/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P(C).Nos.25320 & 27679 of 2010
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Dated this the 7th day of September, 2010
JUDGMENT
A common question arises in these writ petitions. They were
therefore heard together and are being disposed of by this
common judgment.
2. W.P(C)No.25320/2010: The petitioners are husband
and wife. They were formerly residing within the local limits of
Vadakkencherry Grama Panchayat in Palakkad district. It is
stated that later they shifted their residence to building bearing
door No.323 of Ward No.IX in Thidanadu Grama Panchayat in
Kottayam district. Relying on Ext.P1 and Ext.P2 rent chits it is
contended that they started such residence in August 2009 and
ever since they are ordinarily residing in Ward No.IX of Thidanadu
Grama Panchayat. After setting up residence in Ward No.IX of
Thidanadu Grama Panchayat, the petitioners submitted
applications dated 13.7.2010 and 14.7.2010 to the Electoral
Registration Officer of Thidanadu Grama Panchayat requesting for
inclusion of their names in the electoral roll of Ward No.IX of
W.P(C).Nos.25320 & 27679 of 2010
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Thidanadu Grama Panchayat. The said applications were rejected by
Exts.P5 and P6 on the short ground that they are not permanent
residents of Thidanadu Grama Panchayat. The petitioners carried the
matter in appeal before the Deputy Director of Panchayats, Kottayam
by filing appeals under rule 22 of the Kerala Panchayat Raj
(Registration of Electors) Rules, 1994. By Exts.P14 and P15 orders
passed on 5.8.2010 the said appeals were rejected. The appellate
authority held that the rent chit produced (Ext.P2) is not a registered
instrument and therefore, no reliance can be placed on it to hold that
the petitioners are ordinarily residing in Thidanadu Grama Panchayat.
In this writ petition the petitioners challenge Exts.P14 and P15 and
seek a direction to the respondents to include their names in the
electoral roll of Thidanadu Grama Panchayat.
3. W.P(C)No.27679/2010: The petitioner herein, who is the
additional 4th respondent in W.P(C)No.25320 of 2010, is the Member
representing Ward No.IX of Thidanadu Grama Panchayat wherein the
petitioners in W.P(C)No.25320 of 2010 claim to be ordinarily residing
since August 2009. He contends that the petitioners in that writ
petition who are respondents 1 and 2 herein, had applied for inclusion
of their names in the electoral roll of Ward No.IX of Thidanadu Grama
W.P(C).Nos.25320 & 27679 of 2010
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Panchayat without disclosing the fact that their names appear in the
electoral roll of Ward No.15 of Vadakkencherry Grama Panchayat and
that as they had submitted a false declaration they are liable to be
prosecuted and punished under section 27 of the Kerala Panchayat Raj
Act. The petitioner contends that respondents 1 and 2 (the petitioners
in the connected writ petition) are not ordinarily residing in Ward No.IX
of Thidanadu Grama Panchayat and therefore their applications for
inclusion of their names in the electoral roll of Ward No.IX of
Thidanadu Grama Panchayat was rightly rejected by the Electoral
Registration Officer and by the appellate authority.
4. I heard Sri.Shaji Thomas and Sri.P.V.Baby, learned counsel
appearing for the respective petitioners, Sri.Murali Purushothaman,
learned Standing Counsel appearing for the State Election Commission
and the Deputy Director of Panchayats and Sri.Jaju Babu, learned
counsel appearing for the Electoral Registration Officer of Thidanadu
Grama Panchayat. I have also gone through the files leading to
Exts.P5 and P6 that were made available by Sri.Jaju Babu, learned
counsel appearing for the Electoral Registration Officer of Thidanadu
Grama Panchayat. It is not now in dispute that after these writ
petitions were filed, the names of the petitioners were deleted from
W.P(C).Nos.25320 & 27679 of 2010
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the electoral roll of Ward No.15 of Vadakkencherry Grama Panchayat.
Ext.P2 produced in W.P(C)No.27679 of 2010 by which the names of
the petitioners in W.P(C)No.25320 of 2010 were deleted from the
voters’ list of Ward No.15 of Vadakkencherry Grama Panchayat
necessarily leads to the conclusion that they are no longer electors of
Vadakkencherry Grama Panchayat. Though the petitioner in W.P(C)
No. 27679 of 2010 has challenged Ext.P2 produced therein, I am of
the opinion that he cannot challenge the decision taken by the
Electoral Registration Officer of Vadakkencherry Grama Panchayat to
delete the names of the petitioners in W.P(C)No.25320 of 2010 from
the voters’ list of that Grama Panchayat. The petitioner in W.P(C)No.
27679 of 2010 cannot, in my opinion, have a legitimate grievance
regarding the deletion of the names of voters from the electoral roll of
Ward No.15 of Vadakkencherry Grama Panchayat. He can at best, in
view of the fact that he has been impleaded as the additional 4th
respondent in W.P(C)No.25320 of 2010, oppose that writ petition and
contend that the rejection of the application filed by the petitioners in
W.P(C)No.25320 of 2010 for inclusion as voters in Ward No.9 of
Thidanadu Grama Panchayat is perfectly in order and does not merit
interference. I am therefore of the considered opinion that the relief
W.P(C).Nos.25320 & 27679 of 2010
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prayed for in W.P(C)No.27679 of 2010 cannot be granted. W.P(C)
No.27679 of 2010 fails and is accordingly dismissed.
5. I shall now deal with the question whether Exts.P14 and P15,
which are impugned in W.P(C)No.25320 of 2010, are liable to be
interfered with. It is relying on Exts.P1 and P2 rent chits that the
petitioners contend that they are ordinarily residing in Ward No.IX of
Thidanadu Grama Panchayat ever since 8.8.2009. However, the files
leading to Exts.P5 and P6 disclose that the petitioners had not
produced a copy of Ext.P1 before the Electoral Registration Officer.
They had only produced a copy of Ext.P2 rent chit dated 7-7-2010. On
the application filed by the petitioners for inclusion in the voters’ list of
Ward No.IX of Thidanadu Grama Panchayat, the Electoral Registration
Officer passed an order on 21.7.2010 directing the Assistant Electoral
Registration Officer to conduct a local inspection and to submit a report
on or before 23.7.2010. The Assistant Electoral Registration Officer
accordingly conducted an enquiry and submitted a report dated
22.7.2010. The report discloses that when he went over to house
No.IX/323 at 4 p.m. on 22.7.2010 the petitioners in W.P(C)No.25320
of 2010 were present though their children were not present. He also
reported that the petitioners claimed that they are residing in that
W.P(C).Nos.25320 & 27679 of 2010
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house ever since 7.7.2010. However, he proceeded to state that on
enquiry with the neighbouring residents he came to know that the
petitioners and their two children are residing in Erattupetta Grama
Panchayat and that the first petitioner is running a business near
Erattupetta Bus Stand. Based on the said report, the Electoral
Registration Officer rejected the applications submitted by the
petitioners. On appeal, the appellate authority held that the rent chit,
which is not a registered instrument, cannot be relied on to hold that
the petitioners are ordinarily residing within the local limits of
Thidanadu Grama Panchayat. He also held that the Electoral
Registration Officer was also not satisfied on enquiry that the
petitioners are ordinarily residing in Thidanadu Grama Panchayat. In
my opinion, the stand taken by the Electoral Registration Officer in
Exts.P5 and P6 and by the appellate authority in Ext.P14 and P15
cannot be sustained. The Assistant Electoral Registration Officer had
in his report dated 22.7.2010 categorically stated that the petitioners
were present in the residential building bearing door No.IX/323 at 4
p.m. on 22.7.2010. There is nothing in the report submitted by the
Assistant Electoral Registration Officer to indicate that besides the
petitioners any other person or persons are ordinarily residing in that
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house. The Panchayat has also no case that house No.IX/323 is lying
vacant and unoccupied. The Assistant Electoral Registration Officer
has however reported that on enquiry he came to know that the
petitioners are residing in Erattupetta Grama Panchayat. The Assistant
Electoral Registration Officer did not however make enquiries with the
landlord of the building, who had executed Ext.P2 rent chit as to
whether at least with effect from 7.7.2010 the petitioners are residing
in his house. In view of the admitted fact that the landlord of the
building bearing door No.IX/323 has executed a rent chit in respect of
that building and the petitioners were found to be residing in that
building, the decision taken by the Electoral Registration Officer and
the appellate authority that the petitioners are not ordinarily residing
in Thidanadu Grama Panchayat cannot be sustained. The Electoral
Registration Officer and the appellate authority have no case that
Ext.P2 is a fabricated document or that it is a forgery. In such
circumstances I am of the considered opinion that the decision taken
by the authorities that the petitioners are not ordinarily residing in
Thidanadu Grama Panchayat cannot be sustained.
I accordingly allow W.P(C)No.25320 of 2010, quash Exts.P5, P6,
P14 and P15 and direct the first respondent, the Electoral Registration
W.P(C).Nos.25320 & 27679 of 2010
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Officer of Thidanadu Grama Panchayat to include the names of the
petitioners in the electoral roll of Thidanadu Grama Panchayat.
Necessary steps in that regard shall be taken and completed within
one week from the date on which the petitioners produce a certified
copy of this judgment.
P.N.RAVINDRAN,
Judge.
ahg.
P.N.RAVINDRAN, J.
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W.P(C).Nos.25320 &
27679 of 2010
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JUDGMENT
7th September, 2010