Kerala High Court: While hearing the issue whether the High Court could entertain a writ petition seeking deferment of the Special Intensive Revision (‘SIR’) of electoral rolls in the State when the validity of the SIR is being considered by the Supreme Court, a Single Judge Bench of V.G. Arun, J., while dismissing the writ petition, held that it would be inappropriate to entertain the petition in light of the Supreme Court’s interim order, dated 11-11-2025, which requested the High Courts to defer any writ proceedings related to the validity of the SIR.
The dispute arose when the State of Kerala sought deferment of the SIR process until the completion of the 2025 General Elections to the Local Self Government Institutions in the State, i.e., till 21-12-2025. The Supreme Court had, by an interim order dated 11-11-2025, requested the jurisdictional High Courts to keep in abeyance the writ proceedings filed with them touching the validity of the SIR of electoral rolls in their respective States.
The State argued that it was not challenging the validity of the SIR but only prayed to postpone the process until the elections to the local bodies were completed. However, the Election Commission of India contended that some petitioners before the Supreme Court were also seeking deferment of the SIR process citing inclement weather and other such reasons.
The Court held that it would be inappropriate to entertain the writ petition by interpreting the interim order of the Supreme Court and holding the prayer for deferment to be entertainable, de hors the pendency of the challenge against the validity of the SIR itself. The Court emphasised that judicial discipline and comity also require the Court to refrain from entertaining the writ petition.
Consequently, the Court dismissed the writ petition leaving it open for the State to move the Supreme Court or to approach the Court depending on the outcome of the petitions pending before the Supreme Court.
[State of Kerala v. Election Commission of India, WP(C) NO. 42591 OF 2025, decided on 14-11-2025]
Advocates who appeared in this case :
For the Petitioner: K. Gopalakrishna Kurup, Advocate General, V. Manu, Spl. G.P. To A.G., Bijoy Chandran, Senior G.P.
For the Respondents: M. AJAY (SC), DEEPU LAL MOHAN (SC)