N. NAGARESH, J.

1. The petitioner, who is a candidate contesting in the election to the Legislative Assembly seat of Thrikkakkara, has approached this Court seeking to direct respondents 1 to 5 to initiate immediate action on Ext.P5 complaint filed by the petitioner.

2. The petitioner submits that he is a candidate contesting in the Thrikkakkara (83) By-election, to the Kerala Legislative Assembly. The 6th respondent has also submitted nomination as a candidate of UDF. The Indian National Congress Arts Society (INCAS), which is a Youth Wing organisation under the Indian National Congress, has published a Facebook post under which they have offered ₹25,001/- as prize money for the Booth which canvases most number of votes for the 6th respondent in the upcoming By-election.

3. On coming to know of Ext.P2 Facebook post, the petitioner filed a complaint before the Assistant Commissioner of Police, Thrikkakkara on 17.05.2022. The Assistant Commissioner of Police, Thrikkakkara has registered a First Information Report in respect of the alleged crime. The investigation in respect of the crime is in progress.

4. The petitioner thereafter submitted Ext.P5 complaint to the Election Returning Officer pointing out this act, which is in violation of Section 123 of the Representation of the People Act, 1951. The petitioner requested the Returning Officer to take a decision on Ext.P5 complaint before the election and to stop the election till a decision is taken. The petitioner submits that the Returning Officer informed the petitioner that the complaint can be considered only if the petitioner obtains a court order.

5. I have heard the petitioner and the learned Standing Counsel representing respondents 1 to 4.

6. It is a settled proposition of law as laid down by various judgments of the Hon'ble Apex Court including the judgment in Manda Jaganath v. K.S. Rathnam and others [(2004) 7 SCC 492] [LQ/SC/2004/542] that the High Courts, in exercise of the powers under Article 226 of the Constitution of India, shall not interfere in the election process, once the election notification is published. The petitioner has the statutory remedy of filing Election Petition. Furthermore, as submitted by the learned Standing Counsel for the Election Commission, the process of polling has already been commenced and the service voters have already started to caste their votes.

7. In such circumstances, this Court is not inclined to interfere with the election process now going on. It will be open to the petitioner to prosecute Ext.P5 complaint or any of his other grievances before the competent authority, in accordance with law.

8. Writ petition is accordingly dismissed.