IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3153 of 2007(A)
1. K.M.KURIAN, S/O.MATHAI,
... Petitioner
Vs
1. M.M.SCARIAH, S/O.MATHUNNI,
... Respondent
For Petitioner :SRI.SANTHARAM.P
For Respondent :SRI.K.M.FIROZ
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/07/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)No. 3153 OF 2007 A
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Dated this the 16th July, 2007.
JUDGMENT
This writ petition is filed challenging the order of
the Munsiff-Magistrate, Perambra in I.A.744/06. The
grievance of the writ petitioner is disallowing of the
prayer by the learned Munsiff in calling for the documents
relating to double voting. The learned Munsiff disallowed
the prayers on two grounds viz., (i) the delay in making
the application and (ii) as per the rules it is to be
destroyed within one year and since the period is over it
may not be proper to summon the documents. I have been
taken through the election petition and in para 5 of the
election petition gives clear cut details regarding the
alleged double voting by giving the name as well as the
ward where the votes had been so cast. In the case of
double voting before getting the confidential documents
viz., ballot papers the court has to prima facie get
convinced that the name of the alleged persons figure in
the voting list of two wards and that their identity is
established and then only it can be found out whether they
have cast vote in two places, which as per the law is void.
I am informed by the learned counsel appearing for the
election commission that the documents are not yet
WPC 3153/07 2
destroyed and direction has been given to the Collector to
keep the documents in safe custody till the case is
disposed of by the court. Now the only question is
regarding delay. If these documents are not forthcoming
then virtually election petition itself will become
infructuous because without proving that fact election
petition cannot be proceeded with or in other words they
are vital documents for a proper decision of the case. So,
though there is delay since there is specific pleading in
the petition itself, I feel opportunity must be given to
get the documents examined in accordance with law.
Therefore, the order under challenge is set aside and the
learned Munsiff, on prima facie satisfaction of the fact
that the person’s name figure in two voters’ list in two
different wards and that their identification is proved
then call for the confidential documents and then proceed
to examine in accordance with law. I also direct the
election authorities not to destroy the said documents
until the case is finally disposed of by the court. I am
also informed by the learned counsel for the writ
petitioner that so far as the prayer relating to summoning
of the other document there had been some delay in payment
of bata that also may be considered sympathetically and the
necessary documents be called for in accordance with law
WPC 3153/07 3
and the matter be disposed of. Writ petition is disposed
of accordingly.
M.N.KRISHNAN
Judge
jj