Law College Elections | Returning Officer Can Only Verify Validity Of Nomination Paper, Not Competence Of A Candidate: Kerala HC

While dealing with a case relating to 'Class Representative' elections in the Government Law College at Kozhikode, the Kerala High Court held that the power vested in a Returning Officer is limited to verifying the validity of a nomination paper, and not determining the eligibility/ competence of a candidate.

In the instant case, Justice Devan Ramachandran observed that the Returning Officer had rejected Petitioner's nomination paper on the ground that if he won the elections, it would be a futile exercise since his classes were set to end soon. Turning down such an approach, the bench observed,

"...what the Returning Officer has actually done is not to decide the validity of the nomination, but the eligibility of the petitioner to contest the election – which the said Authority surely obtained no competence or jurisdiction to have done."

Government Pleader Parvathy Kottol argued that the impugned order was irreproachable since the Returning Officer had rightly found that if the petitioner were allowed to contest and if he wins the elections, the seat would soon become vacant, due to his academic period soon coming to an end. Kottol submitted that it was within the powers of the Returning Officer to do so, and that the reasons stated in the impugned order were germane.

Standing Counsel for the University, P.C. Sasidharan submitted that since the rejection of nomination was by the Returning Officer, the University had no comments on the same at this point.

The Court in the instant circumstances, found that the powers of a Returning Officer were circumscribed by the applicable Rules and Regulations, which, "accede to him/her the power to reject a nomination only if it is not valid". 

In the instant case, the Court found that it was an admitted fact that the nomination paper of the petitioner was found to be valid in all respects, but the Returning Officer had attempted to adjudge the eligibility of the petitioner to contest the election which was clearly outside his jurisdiction. 

"I certainly fail to understand how the Returning Officer could have taken such a view and record it in the impugned order, particularly when there is no dispute projected by any of the parties that petitioner is a full time student as of now, fully entitled to vote and to offer himself as a candidate in the ensuing election", the Court observed while setting aside the impugned order. 

The interim order of the Court dated 08.11.2022, allowing the petitioner to participate in the elections was therefore confirmed, and the Returning Officer was directed to publish the results of the same as per law.

Advocates Thasnimol T.S., Saurav B., and Shiji P.S. appeared for the petitioner.

Case Title: Bennat Tom V. v. Calicut University & Ors. 

Citation: 2022 LiveLaw (Ker) 591

Click Here To Read/Download The Judgment