Sree Keralavarma College Election Case: Kerala High Court Calls For Records From Returning Officer

The Kerala High Court on Monday directed the Returning officer to produce the records pertaining to the election of College Union Chairman of Sree Keralavarma College, in the plea filed by the KSU Candidate Sreekuttan, alleging arbitrariness in the recounting of votes during the election.

Justice T.R. Ravi, also sought the response of the Principal, the Returning Officer, the Vice Chancellor and the Opposite Party candidate who had been declared to be elected after the recounting, by issuing notice to the respondents.

It was further clarified by the Court that if the Opposite Party candidate, Anirudhan K.S., were to take charge as Chairman of the College during the pendency of the proceedings, the same would be provisional, and subject to further orders from the Court.

The petitioner, a specially-abled third Year B.A. Political Science student named Sreekuttan, had initially been declared as the Chairman of the College Union. Sreekuttan was the candidate of Kerala Students Union (KSU), student wing of the Indian National Congress. The petitioner stated that he had initially been declared as the winner by 1 vote, and KSU for the very first time in 41 years in the College.

However, in a dramatic turn of events, the Returning Officer resorted to recounting of the votes on the same day, when faced with requests for the same from the Opposite faction.

Subsequently, on recounting, the Opposite faction's candidate was declared as the Chairman by 10 votes.

Sreekuttan alleged that the Principal of the College had objected to the recounting in the first place, and had even reported to the media that it was due to the intervention of the Cochin Devaswom Commissioner that the recounting had resumed.

The petitioner thus averred that the election results had been influenced by extraneous factors. He submitted that the votes which had been invalidated at the time of counting could not have been validated at the time of recounting, and thereby sought probe into the alleged malpractice, tampering, and sabotage involved in the election process, as well as the conduct of a re-election.

Justice Ravi today expressed his doubts as to the figures mentioned in the pleadings regarding the total number of votes cast and counted.

"From seeing the papers you have produced, I have my own doubts because the total number of votes are different in different statements. One statement you didn’t give the number; in one it is 1879, and so on. How did it happen? When the other gentleman got 10 votes, again, the total number of votes reduced to 1879. What is the reason? I would like to know all that. I cannot grant an Interim Order now without knowing all this," he said.

On the petitioner's submission that the balance of convenience in the case was in their favour as the Vice Chancellor could assume charge for a few days, the Court responded that the balance of convenience could only be decided after perusing more materials pertaining to the case.

"If I am keeping this writ, I can only say it is subject to the result. It won't be proper on my part to assume that the Principal was directed by someone to continue with the recounting. It is totally on the premise of Returning Officer. The Returning Officer will have to say whether there was any recounting or interference, why was recounting ordered in first place; was it 1 vote in favour of or against Sreekuttan, and so on," the Court added, while calling for records from the said authority.

The matter has thus been posted for further consideration on Thursday.

The plea has been moved through Advocates Mathew A. Kuzhalnadan, Kaveri Mohan, V. Shyamohan, Kuriakose Varghese, Sradhaxna Mudrika, and Bincy Job.

Case Title: Sreekuttan S. v. Sree Keralavarma College & Ors.

Case Number: W.P.(C) No. 36659/ 2023