Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 WP(C) NO. 23405 OF 2023 PETITIONER/S:
SUNIL KUMAR G.
AGED 52 YEARS S/O GOPINATHAN NAIR, RESERVE SUB INSPECTOR OF POLICE (GRADE), DISTRICT HEADQUARTERS, THIRUVANANTHAPURAM CITY, RESIDING AT BHAVANA BHAVAN, DURGA NAGAR, H. NO.
60, POOMALLIYOORKONAM, PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005 BY ADVS.
NISHA GEORGE GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN RESPONDENT/S:
1 THE STATE POLICE CHIEF OF KERALA KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695010 2 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, POLICE GROUND, CV RAMAN PILLAI ROAD, THYCAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695014 3 THE KERALA POLICE OFFICERS' ASSOCIATION DISTRICT OFFICE, AR CAMP, NANDAVANAM, THIRUVANANTHAPURAM, REPRESENTED BY THE DISTRICT SECRETARY, PIN - 695014 4 SUNIL S.
RETURNING OFFICER, AR CAMP UNIT, KERALA POLICE OFFICERS' ASSOCIATION, AR CAMP, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695014
SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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-2- P.V.KUNHIKRISHNAN, J.
------------------------------------------------------- W.P.(C)No.23405 of 2023 --------------------------------------------------------- Dated this the 20th day of July, 2023 JUDGMENT The above writ petition is filed with the following prayers:
i) Issue a writ of mandamus directing the 4th respondent to accept the nomination of the petitioner enabling him to contest in the election scheduled on 21.07.2023;
ii) Issue a writ of certiorari calling for the records leading to Exhibit P7 and set aside the same;
iii) Issue a writ declaring that the rejection of nomination of the petitioner is totally arbitrary and in violation to the express provision in Exhibits P1;
iv) Dispense with filing of the translation of vernacular documents;
v) Grant such other reliefs as this Honourable Court deems fit in the facts and circumstances of the case.
2. The main prayer in this writ petition is to issue direction to the 4th respondent to accept the nomination of the petitioner enabling
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-3- him to contest in the election scheduled on 21.07.2023. According to the petitioner, his nomination was rejected as per Ext.P7. It is submitted that even though an appeal is filed by the petitioner as provided in Clause 8(vii)(a), the same has not been considered. It is stated that the reason for rejection of the nomination of the petitioner is unsustainable. It is also submitted that there is no prohibition in proposing two candidates by the same person as per rules. Petitioner also relied on Clause 8(ix) of Ext.P1, in which it is sated that a candidate contesting elections for any office of the Association shall be proposed by a qualified member of that constituency and seconded by at least two other qualified members of the same constituency. It is further submitted that as per Ext.P2 election schedule, the election is to be conducted on 21.07.2023. But the results are published even before that date. Hence this writ petition.
3. Heard the learned Counsel for the petitioner and the learned Government Pleader.
4. Learned Counsel for the petitioner reiterated the contentions raised in the writ petition.
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-4- 5. Learned Government Pleader submitted that there were only 13 posts and there were only 13 valid nominations and they were elected unanimously as there was no contest.
6. The said submission made by the learned Government Pleader is seriously opposed by the learned Counsel for the petitioner.
Learned Counsel for the petitioner submitted that the rejection of the nomination of the petitioner is illegal and in violation of Ext.P1.
7. I do not propose to make any observation on the merit of the case. It is an admitted fact that the election notification was published and the election process is going on. It is a settled position of law that if an election process is started, the Court shall not interfere with the election process. The petitioner has got remedy to approach the competent Court by filing appropriate proceedings against the election if he is aggrieved by the election process, after the election results are published.
Without making any observation about the contentions of the petitioner, this writ petition is closed, granting liberty to the petitioner to agitate the contentions before appropriate authority at appropriate
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-5- stage. All the contentions of the petitioner raised in this writ petition are left open.
Sd/- P.V.KUNHIKRISHNAN JUDGE uu
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-6- APPENDIX OF WP(C) 23405/2023 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE RULES FOR THE CONSTITUTION OF THE KERALA POLICE OFFICERS' ASSOCIATION APPROVED AS PER G.O.(MS) NO. 234/2014/HOME DATED 19.11.2014 Exhibit-P2 TRUE COPY ELECTION SCHEDULE 2023-2025 OF THE 3RD RESPONDENT ASSOCIATION Exhibit-P3 TRUE COPY OF THE DRAFT VOTERS' LIST 2023-25 FOR MEDICAL COLLEGE POLICE STATION DATED NIL Exhibit-P4 TRUE COPY OF THE LETTER NO. C2- 175851/2022/PHQ DATED 16.06.2023 ISSUED FROM THE POLICE HEADQUARTERS .
Exhibit-P5 TRUE COPY OF THE LETTER NO. G8- 40827/2023/TC DATED 07.07.2023 ISSUED FROM THE CITY POLICE OFFICE, THIRUVANANTHAPURAM Exhibit-P6 TRUE COPY OF THE OBJECTION DATED 13.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF RETURNING OFFICER Exhibit -P7 TRUE COPY OF THE COMMUNICATION DATED NIL SUBMITTED BY THE 4TH RESPONDENT RETURNING OFFICER Exhibit -P8 TRUE COPY OF THE SUBMISSION DATED 15.07.2023 SUBMITTED BY THE PETITIONER TO THE DIRECTOR GENERAL OF POLICE
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-7- APPENDIX OF WP(C) 23350/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1..
Exhibit P2 THE PHOTOCOPY OF THE CIRCULAR, GST/002/17 DATED 10/8/2017 ISSUED BY THE 1ST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
Exhibit P3 THE PHOTOCOPY OF THE REPRESENTATION DATED 8/7/23 ADRESSED TO THE 3RD RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3.