Ajo Thomas vs State Election Commission and Chenneerkara Grama Panchayath

T.R. Ramachandran Nair, J.—The petitioner filed his nomination paper in the ensuing Grama Panchayat Election from Ward No. 7(Valuthara Ward) in Chenneerkkara Grama Panchayat in Kozhencherry Taluk. The second respondent is the Electoral Officer, who rejected the nomination, after scrutiny.

The reliefs sought for in the Writ Petition are the following:

(i) call for the records relating to Exhibits P1 to P4 and issue a writ of certiorari to quash Exhibit P1 order passed by the second respondent and to direct the 1st and 2nd respondents to accept the nomination of the petitioner and permit him to contest in the elections to be held on 23.10.2010.

(ii) to issue a writ or appropriate direction to the 1st respondent to take urgent decision on Exhibit P4 petition submitted by the petitioner and issue appropriate orders.

Evidently, in the light of the bar under Article 243 O(a) and O(b) of the Constitution of India, this Court will not be justified in entertaining the Writ Petition. Article 243O(b) reads thus:

243.O-Bar to interference by courts in electoral matters.-Notwithstanding in this Constitution-

(a) xxxxxxx xxxxxx xxxxxx

(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State.

In the light of the bar of jurisdiction of this Court to entertain the election proceedings under Article 243O(b), the petitioner will have to file an election petition after the election is over before the appropriate Munsiff''s Court. Leaving open the said remedy, the Writ Petition is dismissed.