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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