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High CourtsSingle Bench(2022) 09 KL CK 0092

Sathyan K.K vs Electoral Officer/Dairy Extension Officer Dairy Extension Service Unit, Perambra, Perambra P.O, Kozhikode District-Pin 673525

High Court Of Kerala · Decided on 19 September 2022

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) Nos. 27526, 27775 Of 2022

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Judgment

6 paragraphs · 373 words

T.R.Ravi, J

1.

On 2.9.2022, this court had directed that the petitioners in W.P.(C) No.27526 of 2022 are liable to be included in the voters list and the votes that may be cast by them shall be kept separately. This court had also directed that the petitioners in W.P.(C) No.27775 of 2022 are also entitled to be included in the final voters list and there is also a direction to include them in the final voters list. It was directed that the declaration of results shall be after obtaining orders from this court.

2.

The counsel for respondents 1 to 3 has filed a statement in W.P.(C)No.27775 of 2022, wherein it is stated that the votes cast by the petitioners in W.P. (C) No.27526 of 2022 were kept separately in box No. 2 and the votes cast by the petitioners in W.P.(C) No. 27775 of 2022 were kept separately in box No. 3 (though there was no such direction issued by this court). It is also pointed out in the statement that the votes in box No.2 and box No.3 will not make any material difference in the result of the election based on the votes which have been cast in box No. 1.

3.

The counsel for the petitioners in W.P.(C) No.27775 of 2022 point out that the votes kept in box No.3 are liable to be counted and ought not to have been placed in a separate box, since there was no valid objection regarding the eligibility of the petitioners therein to vote. I find that the submission is justified.

4.

The Electoral Officer shall count the votes cast in the 3rd box along with the votes in the 1st box for the purpose of declaring the result of the election. As far as petitioners 8 and 9 in W.P.(C) No.27526 of 2022, even though they were also permitted to cast votes, it is clarified that the said persons who are not members are not entitled to vote since the disqualification as against the petitioners 1 to 7 will not apply in their case. The respondents 1 to 3 in W.P. (C)No.27775 of 2022 may declare the results of the election immediately.

The writ petitions are closed with the above directions.