Kerala High Court
Vincent T.M Alias Bro Isodas Ecc vs The State Of Kerala on 12 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:68098
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
WP(C) NO. 33014 OF 2025
PETITIONERS:
1 VINCENT T.M ALIAS BRO ISODAS ECC
AGED 49 YEARS
S/O. MATHEW.T.M., MUNNAM MILE AMBALATHARA,
PULLUR P.O., PULLUR, PO ANADASHRAMA,
KASARAGOD, PIN - 671531
2 BABY JOSEPH
AGED 72 YEARS
S/O.JOSEPH PALAKKATTU HOUSE,
CHENPUVECHAMOTTA, VELLAD,
KANNUR, PIN - 670571
3 SAJI.T.K
AGED 56 YEARS
S/O. KURIAN, THURUTHIYIL, THERESA BHAVAN,
VEMBUVA, PAYYAVOOR P.O.,
KANNUR DISTRICT, PIN - 670633
4 IMBICHIKOYA
AGED 63 YEARS
S/O. LATE AHAMEDKUTTY HAJI.A.P.,
PALAYIL HOUSE, KARUVANTHIRUTHI P.O.,
KOZHIKODE, PIN - 673631
5 ABDUL RAHMAN MUBARAK M.K
AGED 48 YEARS
S/O. MOHAMED SALIM MOULAVI,
MADATHODI KAPPAT HOUSE, PADINHATTUMMURI P.O.,
KOOTTILANGADI, MALAPPURAM, PIN - 676506
6 M.R.RAJESH KUMAR
AGED 50 YEARS
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S/O.RAVEENDRAN PILLAI, VADAKKEL,
40TH MILE, PERUVANTHANAM P.O.,
IDUKKI DISTRICT, PIN - 685332
7 FR. ROY MATHEW VADAKKAL
AGED 57 YEARS
S/O.MATHEW PASTORAL CENTRE,
KANJIRAPPALLY, KOTTAYAM,
KERALA, PIN - 686507
8 FR. LIJO CHITTILAPPILLY
AGED 50 YEARS
S/O.C.T.GEORGE, CHITTILAPPILLY HOUSE,
PEECHI, THRISSUR ., PIN - 680653
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
SHRI.JAMEEL AHAMMED M.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SPECIAL SECRETARY TO
GOVERNMENT, SOCIAL JUSTICE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695101
2 DIRECTOR, DEPARTMENT OF SOCIAL JUSTICE
DIRECTORATE OF SOCIAL JUSTICE, RETURNING
OFFICER,
BOARD OF CONTROL FOR ORPHANAGES AND OTHER
CHARITABLE HOMES KERALA, 5TH FLOOR, VIKAS
BHAVAN, PMG, THIRUVANANTHAPURAM, KERALA,
PIN - 695033
3 ADDITIONAL DIRECTOR, DEPARTMENT OF SOCIAL
JUSTICE
DIRECTORATE OF SOCIAL JUSTICE,
RETURNING OFFICER,
BOARD OF CONTROL FOR ORPHANAGES AND OTHER
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CHARITABLE HOMES KERALA, 5TH FLOOR, VIKAS
BHAVAN, PMG, THIRUVANANTHAPURAM,
KERALA, PIN - 695033
4 RAJESH.T.K
MAHATHMA JANA SEVANA KENDRAM, ADOOR,
PATHANAMTHITTA DISTRICT, RESIDING AT MAHATHMA,
MELOOD, ADOOR, PATHANAMTHITTA DISTRICT,
PIN - 691523
5 ABDUL AZEES
KARUNALAYAM, KARUNALAYAM CHARITABLE TRUST,
KIDANGANNUR, PATHANAMTHITTA DISTRICT, RASHEEDA
BUILDING, NADUKKUNNU P.O., PATHANAPURAM,
PATHANAMTHITTA DISTRICT., PIN - 689696
6 SAJEEV KUMAR.N
OMALLUR SANTHWANAM, OMALLUR, PATHANAMTHITTA
DISTRICT, RESIDING AT CHARUVILA PUTHENVEEDU,
PALLIMAN P.O., KOLLAM ., PIN - 691576
7 FR. GEORGE JOSHUA
ARCH BISHOP MAR GREGORIOUS SNEHAVEEDU,
BENEDICT NAGAR, NALANCHIRA,
THIRUVANANTHAPURAM, PIN - 695015
8 TERLY SD
HOME FOR THE DESTITUTE, PERUMANOOR, KOCHI,
ERNAKULAM, PIN - 682015
9 ASSOCIATION OF ORPHANAGES AND CHARITABLE
INSTITUTIONS, KERALA
ADMINISTRATIVE OFFICE, AT ST.JOSEPH'S HOME,
PULLAZHY, THRISSUR, KERALA , REPRESENTED BY ITS
GENERAL SECRETARY, PIN - 680012
10 BOARD OF CONTROL FOR ORPHANAGES AND OTHER
CHARITABLE HOMES KERALA
3RD FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM
,REPRESENTED BY ITS CHAIRMAN, PIN - 695033
BY ADVS.
SRI.BINOY VASUDEVAN
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SRI.K.S.PRAVEEN
SMT.K.V.RAJESWARI
SMT.RINCY KHADER
SRI.SREEJITH SREENATH
SRI.A.MUJEEB REHUMAN
SRI.M.I.MOHAMMED RAFFI
SHRI. RAJEEV JYOTHISH GEORGE,
SMT. UMMUL FIDA,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.33014 of 2025
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Dated this the 12th day of September, 2025
JUDGMENT
~~~~~~~~~ The petitioners are aggrieved by the fixing of venue of polling for election to the Managing Committees of the Board for Control of Orphanages and Charitable Homes at Thiruvananthapuram for the upcoming statutory election.
2. The petitioners state that earlier, polling for the Managing Committees of the Board for Control of Orphanages and Charitable Homes were held in Thrissur District, a centrally located District in Kerala, to facilitate accessibility for voters from all over the State. This year, for the first time, the venue has been shifted to Jimmy George Indoor Stadium at Thiruvananthapuram causing great inconvenience to majority of the voters spread across Kerala.
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3. The petitioners would submit that the decision to fix Thiruvananthapuram as the sole venue imposes significant travel, accommodation and logistical challenges on voters from central and northern Kerala. Access to polling facilities is fundamental to a fair election. The petitioners further submit that the Board for Control of Orphanages and Charitable Homes has passed a resolution on 21.08.2025 recommending and insisting for shifting the venue of voting from Thiruvananthapuram to Thrissur. The said resolution of the Board is bound to be given effect to.
4. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that the petitioners, who are only eight in numbers, have no fundamental or statutory right to insist that polling should be done at any station convenient to them. The Head Quarters of the Board is at Thiruvananthapuram. Therefore, it was decided to hold the polling process at the State capital. The writ petition is without any merit and is liable to be 2025:KER:68098 W.P.(C) No.33014/2025 :7: dismissed.
5. The 4th respondent resisted the writ petition filing counter affidavit. The 4th respondent submitted that it is within the domain of the Government to decide the venue of polling. There is nothing illegal or arbitrary in fixing the venue. Practical difficulties in participating in the election process cannot be a reason to change the venue and that too after publishing Election Notification. The venue is State capital and is well connected with all Districts across Kerala. Many voters have already booked their train/bus tickets. The venue of polling cannot be changed at this late hour.
6. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 3 and the learned counsel representing respondents 4, 5 and 9.
7. Ext.P2 is the election notification dated 16.08.2025. Nomination papers were issued from 21.08.2025. The polling is scheduled to be held on 17.09.2025. The venue 2025:KER:68098 W.P.(C) No.33014/2025 :8: of polling is Jimmy George Indoor Stadium, Vellayambalam, Thiruvananthapuram.
8. The election is being conducted as per the statutory mandate under Section 5 of the Orphanages and other Charitable Homes (Supervision and Control) Act, 1960. As per Rules, each Managing Committee of Orphanages / Charitable Homes is entitled to cast one vote.
9. The institutions, which are entitled to vote, spread across Kerala. Five members are to be elected to the Board by the Managing Committees of Orphanages and Charitable Homes. The petitioners state that out of the total 1401 voters, more than 1000 voters are from 11 Districts for whom Thrissur is the nearest and most convenient place.
10. It is not disputed that ever since the year 2003, elections to the Board were conducted at Thrissur. However, this year, the venue of polling is fixed as Thiruvananthapuram. Taking into consideration the fact that voters representing various Orphanages / Charitable Homes 2025:KER:68098 W.P.(C) No.33014/2025 :9: have to come from all Districts across Kerala, no doubt that it would have been only just and proper for respondents 1 to 3 to fix the venue at Thrissur or any other centrally located area. Fixing the venue of polling at Thiruvananthapuram would indeed cause inconvenience to the voters.
11. However, taking into consideration the fact that the election notification was published on 16.08.2025 and the writ petition was filed only on 02.09.2025 and taking into consideration the further fact that the date of polling is 17.09.2025, it would not be proper to interfere in the election process at this stage, as many of the voters might have been made their travel arrangements / reservation of tickets already. There is hardly any time left to give communication to the voters as regards change of venue.
In the afore circumstances, the writ petition is dismissed.
Sd/-
N. NAGARESH, JUDGE aks/12.09.2025 2025:KER:68098 W.P.(C) No.33014/2025 : 10 : APPENDIX OF WP(C) 33014/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF ELECTION NOTIFICATION DATED 29.08.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF NOTIFICATION DATED 16-8-
2025 ISSUED BY THE 2ND
RESPONDENT/RETURNING OFFICER
Exhibit P3 A TRUE COPY OF THE LIST SHOWING THE
COMPARISON OF DISTANCES BETWEEN
THRISSUR AND THIRUVANANTHAPURAM FOR
VOTERS FROM THESE DISTRICTS
ExhibitP4 TRUE COPY OF THE SAID REPRESENTATION
DATED NIL
Exhibit P5 TRUE COPY OF THE CIRCULAR DATED
21.8.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE SAID REPLY DATED 29.08.2025 ISSUED BY THE 3RD RESPONDENT ON BEHALF OF THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE LIST PUBLISHED BY THE 2ND RESPONDENT, RETURNING OFFICER REGARDING ORPHANAGE CONTROL BOARD ELECTION, 2025 Exhibit P8 TRUE COPY OF CIRCULAR NUMBERED AS G2- 12935-03 DATED 07.07.2003 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF NOTIFICATION NUMBERED AS G2-17183/08 DATED 04.11.2008 ISSUED BY THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF RELEVANT PAGES(PAGE NO. 1 AND 12) OF MINUTES OF 10TH RESPONDENT DATED 06.03.2019 Exhibit P11 TRUE COPY OF ORDER DATED 26.09.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P12 TRUE COPY OF RELEVANT PAGE OF NOTIFICATION ISSUED BY SECOND RESPONDENT DATED 14-2-2014