Manu K.S. And Anr vs State Of Kerala And Ors

The petitioners are before this Court seeking that the first among them, namely Sri.K.S.Manu, be exempted from the election duty now assigned to

him by the second respondent â€" State Election Commission. According to his learned counsel, Sri.Subhash Chand, the petitioner has been

constrained to seek this prayer since his father is critically unwell and requires constant physical attention and therefore, that if he is assigned for

election duty, his health may be imperiled. Sri.Subhash Chand, therefore, reiteratingly prays that this writ petition be allowed as prayed for.

After saying as afore, Sri.Subhash Chand alternatively says that if the Election Commission is willing, the second petitioner is willing to substitute

herself in the place of the first petitioner, since she has been only assigned duty as a substitute. He, therefore, prays that this writ petition be allowed

as prayed for.

In response, Sri.Murali Purushothaman, the learned standing counsel for the State Election Commission, submitted that all the processes for conduct

of election, including randomisation, is now over and therefore, that it will not be possible to substitute the second petitioner in the place of the first

petitioner. He submitted that since the elections are scheduled tomorrow (10.12.2020), none of the prayers in this writ petition may be considered by

this Court.

Even though, as a normative Rule, I would have travelled with the submissions of Sri.Murali Purushothaman because the election process is

virtually now in its eleventh hour, this is a typical case where the indulgence of this Court is entitled to the first petitioner, since his father is stated to

be 95 years in age and is suffering from acute tuberculosis, thus being completely bedridden.

Obviously, therefore, the petitioner's duty as a son will have to override his obligations and I, therefore, feel it appropriate that this Court step in and

offer him some solace.

In the afore circumstances, notwithstanding the submissions afore recorded on behalf of the State Election Commission, I deem it appropriate to

consider this is a fit case to order the competent Authority to substitute the first petitioner with another person for the elections to be held on

10.12.2020. It is so ordered.

In all other respects, the proceedings of the Election Commission would stand unaltered and the second petitioner will be enjoined to perform the

duties as has been assigned to her.

This writ petition is thus ordered.