Asok Kumar M vs State Of Kerala

P.V.Kunhikrishnan, J.

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or any other appropriate writ or order setting aside Ext.P3 order.

ii. To issue a writ of certiorari or any other appropriate writ or order setting aside Ext.P4 letter to the extent it directs the District Election Officers to remove persons who are doing association work.

iii. To issue a writ of mandamus or any other appropriate writ or order directing the 4th respondent to consider and pass orders on Ext.P5 representation.

iv. To issue an order declaring that a BLO cannot be removed for being member of an association.

v. To issue such other appropriate writ, order or direction as this Hon'ble Court may deem just and proper to issue in the circumstances of the case.

The grievance of the petitioner is that the petitioner is removed from the post of Booth Level Officer as per Ext.P3 even without giving an opportunity of hearing to the petitioner. The counsel for the petitioner raised several contentions in the writ petition. On the other hand, a statement is filed by respondents 4 to 6 in which the reason for passing Ext.P3 order is narrated.

I don't want to make any observation about the merit of the case. Admittedly Ext.P3 order is passed without giving an opportunity of hearing to the petitioner. In such circumstances, the petitioner can approach the 6th respondent with a representation narrating his grievance against Ext.P3 and the 6th respondent can be directed to consider the same within a time frame.

Therefore, this writ petition is disposed in the following manner:

The petitioner is free to submit a representation before the 6th respondent narrating his grievance against Ext.P3 order, within two weeks from the date of receipt of a copy of this judgment.

Once such a representation is received, the 6th respondent will consider the same and pass appropriate orders in it, within three weeks from the date of receipt of the representation.