MATHEW PAUL Vs. STATE COOPERATIVE ELECTION COMMISSION
LAWS(KER)-2022-12-50
HIGH COURT OF KERALA
Decided on December 14,2022

Mathew Paul Appellant
VERSUS
STATE COOPERATIVE ELECTION COMMISSION Respondents




JUDGEMENT

T.R.RAVI,J. - (1.)Admit. Government Pleader takes notice for the 3rd respondent. Standing counsel takes notice for respondents 1 & 2. In view of the order that is proposed to be issue, notice to respondents 4 & 5 is dispensed with.
(2.)The prayer in the writ petition is for a direction to the 3rd respondent to take up Ext.P3 objection, scrutinise the same and take a reasoned decision by removing the ineligible members from Ext.P2 preliminary voters list. The date fixed for consideration of the objections is 16/12/2022. The petitioner has preferred objections, copy of which is produced as Ext.P3 along with the writ petition. The petitioner submits that the 2nd respondent may consider the objections in accordance with the law laid down by this Court in Vijayakumar V. Joint Registrar (1996 (1) KLT 285). Reference is made to the judgment in W.P.(C) No.36272/2022 wherein paragraph 16 & 17 of the judgment in Vijayakumar (Supra) has been extracted and it has been observed that it is essential to remind the Electoral Officer that the consideration of objection should be strictly in accordance with the dictum laid down in the said decision.
(3.)The standing counsel for respondents 1 and 2 submits that all objections, which have been received, will be considered in accordance with law and there is no reason for any apprehension otherwise.
In the result, this writ petition is disposed of with an observation that the consideration of objections on 16/12/2022 shall be done taking into account the law laid down by this Court in Vijayakumar V. Joint Registrar (1996 (1) KLT 285) and the relevant provisions of the statute, in exercise of the role of the Electoral Officer as an independent authority distanced from his role as an Assistant Registrar.



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