The subsequent election will be subject to orders: Kerala High Court

The election which is scheduled to be held on 22.02.2022, will be subject to orders passed by the District Election Officer. This was held by the single judge bench of Justice Anu Sivaraman in the case of Smiji Binoj & Ors. v District Collector & Ors. in WP (C) No.  2684 of 2022, decided on 15th of February, 2022.

The writ petition has been filed to seek relief on two matters, that is to declare that the petitioners and other members elected in Manalaur Panchayat held on 16.02.2022 is the lawfully constituted Area Development Society (ADS) of Manalaur Gram Panchayat & to issue a writ of mandamus commanding the respondents to not interfere with the functioning of Area Development Society.

It is observed that there were 19 Neighborhood groups and 95 eligible voters in the ADS election. Out of those, 83 members participated in the elections & 11 were elected.47 members had filed a complaint against the elections; however, the elections were upheld. Then, on 19th, another appeal before respondent no. 1 was filed who set aside the elections. The grievance is that the elected members were not heard before setting aside the elections.

It was held by the judge that even if setting aside is important, it is necessary to provide a notice before. It was ruled that the District Collection Officer of Thrissur district shall conduct a hearing and pass orders on appeals by all the forty-seven members. It was subsequently held that the result of the election shall now depend on the orders of the hearing. Alongside, the election for CDS shall also be now, deferred.

Click here to view the judgement.

Reviewed By Namisha Choudhary.

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