Joji Issac vs State Election Commission And Ors

The petitioner has approached this Court seeking that he be relieved from election duties, as assigned to him by the District Election Officer, in the

ensuing elections, to be held on 10.12.2020. The petitioner says that he is suffering from debilitating neurological diseases and that an MRI report, at

the instance of his employer, has already been placed on record as Ext.P18. The petitioner, therefore, through his learned counsel, Smt.Jayasree K.P.,

prays that he be relieved from election duties forthwith.

In response, Sri.Murali Purushothaman, learned standing counsel for the State Election Commission submitted that, normally, a person is relieved

from election duty only if extenuating circumstances pleaded and proved. He submitted that since the petitioner has now produced the MRI Scan and

its report on record, the District Election Officer will consider his case sympathetically and take a final decision thereon.

Even when I hear Sri.Murali Purushothaman on the afore lines, the fact remains that elections are now scheduled on 10.12.2020. Therefore, it may

not be possible for the District Election Officer to take a decision on the petitioner's case after going through the scan images and report within this

short period of time.

I am, therefore, of the firm view that since the MRI report available, namely Ext.P18, clearly show that the petitioner is suffering from some kind of

neurological impairments, it will be justified to direct the District Election Officer to excuse him from election duty this time.

Resultantly, this writ petition is ordered and the second respondent - District Election Officer is directed to substitute the petitioner with another person

and to relieve him from the duties, as assigned to him through Ext.P16.

In order to obtain compliance of the directions herein, the petitioner will be at liberty to produce a certified copy of this judgment before the District

Election Officer.