Party-In-Person Must File Case From Own E-Filing Account, Registry Can Object If Case Filed From Another Person's ID: Kerala High Court
The Kerala High Court has ruled that when a party in person wants to file a case, that person must be registered as an Electronic-Filer (E-Filer) under the Electronic Filing Rules for Courts (Kerala) 2021 and must file the case from their own account.Justice Bechu Kurian Thomas further said that the Registry can raise an objection if the case is filed by a party-in-person using the...
The Kerala High Court has ruled that when a party in person wants to file a case, that person must be registered as an Electronic-Filer (E-Filer) under the Electronic Filing Rules for Courts (Kerala) 2021 and must file the case from their own account.
Justice Bechu Kurian Thomas further said that the Registry can raise an objection if the case is filed by a party-in-person using the E-filing account of another person. This, the bench reasoned is because E-filing Rules do not permit sharing of user ID and password.
The Court was considering a writ petition, filed by a party in person using the ID of another person.
Referring to E-Filing Rules the bench observed,
“...if a party-in- person wants to file a case, he/she must be the person registered as the E-Filer. Such a person cannot use the user ID of another. If an E- Filer uses his user ID for filing cases in which he has no interest or in which he is not engaged, it can be objected to by the Registry.”
Rule 4 pertains to registration and responsibilities of an E-Filer. The Court on interpreting Rule 4 observed that an E-Filer cannot share their user ID and password with anyone else. It also noted that an E-Filer can only use the ID for filing the case in which he has been engaged or is interested in.
Court clarified thus: “As per Rule 4(6) the E-Filer cannot share his user ID and password with any other person and as per Rule 4(7), an E-Filer can use his user ID only for filing cases in which he has been engaged as an Advocate or in which he is interested in. Any misuse of the User ID can be treated as an inappropriate conduct as well. Such conduct can lead to even suspension of the user ID as per Rule 4(8) of the E-Filing Rules.”
In the facts of the case, since the petitioner pointed out urgency, the Registry noted this defect and posted it before the Court.
The Court noted that even though the writ petition was filed by a party in person, it was filed through the dashboard of another person. The Court noted that the Petitioner and E-Filer were different persons.
The Court noted that when the matter was taken up, the E-filer appeared online and insisted that the Court must avoid this case. The Court noted that the E-Filer who was before the Court was previously imposed with costs and was denied permission to appear on behalf of a party in person. It noted that there was no reason for avoiding the case and pointed out that the E-Filer, who was not the writ petitioner was trying to malign and scandalize the Court.
Coming to the facts of the case, it noted that the Petitioner and E-Filer were different persons and that the Petitioner had used the dashboard of another person for filing the case. It said, “Such a practice is not legally permissible. The user ID of ……has been misused to file a case in which he is not engaged and not interested in.”
As such, the Court stated that the defect raised by the Registry is valid and subsisting since the Petitioner has used the user ID of another person.
Case Title: Shahada T.K. v Habeebullah P.T
Case No: WP(Crl) No. 1106 of 2024