High Court Declines Interference In Panchayat Standing Committee Election, Directs Civil Remedy

A single‑judge Bench of Justice P.V. Kunhikrishnan heard a writ petition challenging elections to the Standing Committee and the post of Chairman of the Chirakkal Grama Panchayat, Kannur. The petitioner contested the validity of the nomination process, alleging that a nomination paper was accepted by an officer who lacked competence and sought quashing of the elections held on January 5 and January 8, 2026.

The High Court declined to exercise its writ jurisdiction under Article 226 and disposed of the petition on the ground that an efficacious alternative remedy was available in the civil forum. The Court noted that "When an alternative remedy is available to the petitioner, this Court need not entertain a writ petition." It held that exercise of writ jurisdiction was discretionary and that not every illegality required interference by the High Court. The Court, in its reasoning, observed: “In our judgment, however, it cannot be laid down as a proposition of law that once a petition is admitted, it could never be dismissed on the ground of alternative remedy. If such bald contention is upheld, even this Court cannot order dismissal of a writ petition which ought not to have been entertained by the High Court under Art.226 of the Constitution of India in view of the availability of alternative and equally efficacious remedy to the aggrieved party, once the High Court has entertained a writ petition, albeit wrongly and granted the relief to the petitioner.” The Judge added that the petitioner's statutory and civil remedies remained available and the matter was more appropriately decided on evidence in a civil court.

Background The petitioner, Sajeevan P, filed W.P.(C) No. 4591 of 2026 seeking certiorari and mandamus to quash the Standing Committee election of the Chirakkal Grama Panchayat conducted on January 5, 2026 and the subsequent election of the Chairman on January 8, 2026. He alleged that his nomination had been wrongly rejected or that a person not competent had accepted nominations, rendering the election “illegal, arbitrary and void.” The petition relied on earlier Kerala decisions including Beena Kaniyankunnel & Anr. v. Kerala State Election Commission. The State Election Commission and other respondents raised a preliminary objection of maintainability, contending that the petitioner had an efficacious alternative remedy in civil courts and could challenge the election by suit.

The Court reviewed its own precedents and the Apex Court's authorities, including discussion in Mohankumar K. v. Union of India and other cited decisions, holding that availability of an alternative and efficacious remedy ordinarily militated against entertaining a writ petition. The Judge observed that though Article 226 jurisdiction was wide — particularly where fundamental rights or jurisdictional errors were concerned — the discretion to entertain a writ petition had to be exercised in each case and need not be invoked where a civil suit could furnish appropriate relief after hearing evidence. The petition was dismissed with the explicit direction that "all the contentions raised by the petitioner in this writ petition are left open, and the petitioner is free to agitate the same before the competent civil court by filing a civil suit in accordance with law." No interim relief was granted.

Case Details: Case No.: WP(C) No. 4591 of 2026 Case Title: Sajeevan P v. State Election Commission & Ors. Appearances: For the Petitioner(s): Sri P.A. Mohammed Shah; Shri Renoy Vincent; Sri Shahir Showkath Ali; Shri Chelson Chembarathy; Shri Abee Shejirik Fasla N.K; Smt. Nanda Surendran; Shri Sahal Shajahan; Shri Aquin Kuruvilla Tom; Shri M.N. Mohammed Hussain; Shri Jithin Alexander Sunny; Smt. Nafiya Shahala C.K.; Smt. Ayisha Riswana; Smt. Rejabana Parveen T.R.; Smt. Femitha Fathima; Smt. Almiya Aji. For the Respondent(s): Smt. Deepa K R, Special Government Pleader; Sri I.V. Pramod, Standing Counsel; Shri Deepu Lal Mohan, Standing Counsel, State Election Commission, Kerala.