High CourtsSingle Bench(2022) 05 KL CK 0104

N. Premakumaran vs Assistant Registrar (General)

High Court Of Kerala · Decided on 23 May 2022

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.16208 Of 2022

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Judgment

8 paragraphs · 355 words

Sathish Ninan, J.

1.

Election to the Managing Committee of the 3rd respondent Society was notified to be held on 10/04/2022. In the wake of the Covid-19 pandemic and the orders issued by the Government postponing elections, election could not be held on that date. The Managing Committee resolved re-fixing the date for election as 08/05/2022. Since there was delay in forwarding the resolution and related papers to the Election Commission, the petitioner approached this Court in W.P.(C).No.10400/2022.

2.

When the writ petition was taken up for consideration on 28/03/2022, it was submitted on behalf of the learned Government Pleader as well as the learned Standing Counsel for the Election Commission that, resolution has already been forwarded to the Commission and received by the Commission. The Election Commission issued notification fixing the date of election as 08/05/2022.

3.

The polling commenced on 08/05/2022, as notified. However, it appears that the same was disrupted consequent to a commotion that occurred there. Ext.P5 is the report of the Returning Officer in the said regard.

4.

Thereafter, the Managing Committee has resolved to conduct polling on 05/06/2022 at Maya Meeting Hall, Akathethara between 7 am and 5 pm. The resolution and related papers were forwarded to the Authority. The grievance of the petitioner is that inspite of all that has transpired as above, the authority is yet to forward the resolution and related papers to the 2nd respondent – Election Commission for conduct of election.

5.

Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

In the light of the sequence of events as above, there is no justification for the delay in forwarding the resolution adopted for conduct of election. The 1st respondent is bound to forward the resolution and related papers to the 2nd respondent to enable conduct of election on 05/06/2022. The needful shall be done forthwith. I am sure that the authorities will act accordingly and leave no room for any further grievance in the said regard. The Election Commission shall take prompt steps for conduct of election as has been resolved.

The writ petition is disposed of as above.