P.JAYAKANTH Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioners reside within the limits of the third respondent Grama Panchayat. The grievance of the petitioners in the writ petition concerns inclusion of large number of persons who are not residing ordinarily in the said Panchayat, in the electoral roll prepared for the ensuing election to the Grama Panchayat. It is alleged by the petitioners that names of such persons have been included in the electoral roll based on false declarations given by them. The petitioners have pleaded in the writ petition a few instances of such inclusion in the electoral roll. It is stated by the petitioners in the writ petition, among others, that several persons are shown in the electoral roll as residing in particular house numbers, the owners of which are not even aware of such persons. Ext.P25 is a detailed complaint preferred by the first petitioner in this regard to the first respondent. The petitioners have also raised objections in Form No. 5 of the Kerala Panchayat Raj (Registration of Electors) Rules, 1994 (the Rules) before the fourth respondent concerning some of such persons who are included in the electoral roll, when draft electoral roll was published. Ext.P26 series are the receipts issued by the fourth respondent to the petitioners in this regard. The petitioners seek direction to the first respondent to consider Ext.P25 complaint in a time bound manner. The petitioners also seek directions to the fourth respondent to consider the objections raised by them in the prescribed form to the draft electoral roll.

(2.) A statement has been filed on behalf of the first respondent. The stand taken by the first respondent in the statement is that if the petitioners have any grievance against inclusion of any person in the electoral roll, they have to submit objections in Form No. 5 of the Rules to the Electoral Registration Officer within the time stipulated in Rule 10 of the Rules and that the electoral roll will be finalized only after considering all the objections received within the outer time limit.

(3.) Heard the learned counsel for the petitioners, the learned Standing Counsel for the first respondent as also the learned Government Pleader.