Kerala High Court
Akhila Kerala Trinamool Party vs The Election Commission Of India on 5 January, 2026
Author: V.G.Arun
Bench: V.G.Arun
2026:KER:931
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947
WP(C) NO. 46288 OF 2025
PETITIONER:
AKHILA KERALA TRINAMOOL PARTY
HOUSE NO.161, SWATHY NAGAR, PALLICHAL VILLAGE, NEMOM
P.O., THIRUVANANTHAPURAM REPRESENTED BY THE PRESIDENT
S.SHAJI., S/O. SIVANANDAN. M., AGED 48 YEARS,
VARUTHATTU PUTHEN VEEDU, OPP. CANARA BANK,
PARASUVAIKKAL P.O., THIRUVANANTHAPURAM, KERALA, PIN -
695508
BY ADVS.
SHRI.VINOD RAJKUMAR
SHRI.P.SANKARAN NAMPOOTHIRI
SRI.M.K.SASEENDRAN (MELEL)
SMT.P.K.DIVYA
RESPONDENTS:
1 THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASOKA ROAD, NEW DELHI REPRESENTED BY
THE PRINCIPAL SECRETARY, PIN - 110001
2 THE CHIEF ELECTORAL OFFICER
KERALA, 4TH FLOOR, LEGISLATIVE ASSEMBLY COMPLEX, VIKAS
BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033
3 THE UNION GOVERNMENT OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AND
JUSTICE, 4TH FLOOR, A-WING, SHASTRI BHAWAN, NEW DELHI,
PIN - 110001
4 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY ADV SHRI.SATHEESH MOHANAN, CGC
SRI. M. AJAY, SC. SMT. O.M. SHALINA FOR DSGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:931
W.P.(C) No.46288 of 2025
2
JUDGMENT
Dated this the 5th day of January, 2026 The challenge in this writ petition is against de-listing of the petitioner, a political party, for reason of its candidates not having contested in elections for the past six years. The main prayer in the writ petition is for a direction to the 1st respondent, the Election Commission of India, to consider Exhibit P10 appeal filed by the petitioner against the impugned order.
Although various contentions are raised by the learned Counsel for the petitioner, as it is informed that Exhibit P10 appeal has been heard and orders will be passed without further delay, I deem it appropriate to dispose of the writ petition, directing the 1 st respondent 2026:KER:931 W.P.(C) No.46288 of 2025 3 to pass appropriate orders on Exhibit P10 appeal within six weeks of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE SSK/05/01 2026:KER:931 W.P.(C) No.46288 of 2025 4 APPENDIX OF WP(C) NO. 46288 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 20/03/2014 Exhibit P2 TRUE COPY OF THE IDENTITY CARD OF THE PARTY CANDIDATE FROM KOVALAM DATED 02/05/2016 Exhibit P3 TRUE COPY OF LIST OF THE CANDIDATES, WITH VOTES, ISSUED BY THE CHIEF ELECTORAL OFFICER DATED 30/06/2015 Exhibit P4 TRUE COPY OF THE NOMINATION PAPER 03/07/2024 Exhibit P4(a) TRUE COPY OF THE RECEIPT OF THE SECURITY DEPOSIT PAID FOR CONTESTING IN THE LOK SABHA 2024 ELECTION FROM 19 ATTINGAL DATED 04/04/2025 Exhibit P4(b) TRUE COPY OF THE OATH TAKEN CERTIFICATE DATED 04/04/2024 Exhibit P4(c) TRUE COPY OF THE NOTICE TO ATTEND THE SCRUTINY DATED 04/04/2024 Exhibit P4(d) TRUE COPY CHECKLIST OF DEFECTS ISSUED BY RETURNING OFFICER DATED04/04/2024 Exhibit P4(e) TRUE COPY OF THE REVISED AFFIDAVIT ON STAMP PAPER DATED 04/04/2024 Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 06/04/2024 SUBMITTED TO THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT DATED 05/04/2024 Exhibit P7 TRUE COPY OF THE NOTICE DATED 14/08/2025 Exhibit P8 TRUE COPY OF THE REPLY LETTER DATED 25/08/2025 Exhibit P8(a) TRUE COPY OF THE AFFIDAVIT, AS MANDATED BY THE 1ST RESPONDENT DATED 25/08/2025 Exhibit P9 TRUE COPY OF THE MINUTES DATED 01/11/2025 Exhibit P9(a) TRUE COPY OF THE AUTHORIZATION LETTER DATED 01/11/2025 2026:KER:931 W.P.(C) No.46288 of 2025 5 Exhibit P10 TRUE COPY OF THE APPEAL MEMORANDUM 29/09/2025 Exhibit P11 TRUE COPY OF THE POSTAL RECEIPT DATED 03/10/2025 Exhibit P12 PHOTO OF THE DHARNA Exhibit P13 TRUE COPY OF THE PETITIONER'S CONSTITUTION Exhibit P14 TRUE COPY OF THE ORDER F. NO.
56/DELISTING/2025/PPS-III DATED 19/09/2025 OF THE 1ST RESPONDENT Exhibit P15 TRUE COPY OF THE AUDITED INCOME AND EXPENDITURE REPORT FOR THE YEAR ENDING DATED 26/09/2025 Exhibit P16 TRUE COPY OF THE ORDER IN WRIT PETITION (CIVIL) NO. 36873/2025 FILED BEFORE THIS HON'BLE COURT DATED 14/10/2025