Hussain Vengad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 31592 of 2015 (Y) ---------------------------- PETITIONER(S):
------------------------ HUSSAIN VENGAD, AGED 34 YEARS, S/O. AHAMMED, N.C. HOUSE, VENGAD.
BY ADV. SRI.P.M.HABEEB RESPONDENT(S):
--------------------------
1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY SECRETARIAT, THIRUVANANTHAPURAM
2. STATE ELECTION COMMISSION, KERALA, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 033
3. THE DISTRICT COLLECTOR (AS THE DISTRICT ELECTION OFFICER), DISTRICT COLLECTORATE, KANNUR - 670 002.
4. PRESIDING OFFICER, VENGAD GRAMA PANCHAYAT, WARD NO.III, KANNUR DISTRICT - 670 612.
5. THE CIRCLE INSPECTOR OF POLICE, KOOTHUPARAMBU POLICE STATION, VENGAD, KANNUR DISTRICT - 670612.
6. THE SUPERINTENDENT OF POLICE, KANNUR, KANNU DISTRICT - 670 612.
7. N.K. MADHU, S/O KUMARAN BRANCH SECRETARY, CPM, WARD NO.III VENGAD GRAMA PANCHAYAT,KANNUR - 670612.
R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31592 of 2015 (Y) - 2 - PETITIONER'S EXHIBITS --------------------------------- EXHIBIT P1 - PHOTOCOPY OF ORDER DATED 21.10.2010 IN W.P(C).No.31850/2010 EXHIBIT P2 - PHOTOCOPY OF REPRESENTATION DATED 10.09.2015 EXHIBIT P2(a) - TRUE ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 - PHOTOCOPY OF THE RECEIPT DATED 10.09.2015 FROM THE OFFICE OF THE 6TH RESPONDENT.
EXHIBIT P3(a) - TRUE ENGLISH TRANSLATION OF EXHIBIT P3 RESPONDENT'S EXHIBITS ---------------------------------- NIL.
// TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 31592 of 2015 --------------------------------------------------------------- Dated this the 16th day of October, 2015
JUDGMENT
Shaffique, J The petitioner who is the convener of United Democratic Front (UDF), Vengad has approached this court seeking police protection for conducting election in Vengad, Ward No.III. It is submitted that it is a very sensitive area that is always creating trouble in the polling booth by certain miscreants. Apprehending interference by such miscreants, which will affect the normal polling in the respective polling booth. Complaint has been given seeking police protection. But since the petitioner apprehends that no action may be taken in the matter, he has approached this Court.
2. Learned State Attorney on instructions submits that the Government is well aware of the fact that it is a sensitive area and necessary police force will be made available to ensure free and fair election.
W.P(c).No.31592/15
3. Learned counsel appearing for the State Election Commission states that as far as the videography of polling booth is concerned, the Election Commission shall take such steps on being notified by the police and being declared that it is a vulnerable polling booth.
We take on record the above submission and close the writ petition.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.
// True copy // P.A. To Judge