B.Sukumaran v. Kerala State Elction Commission

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 32397 of 2015 (Y) ---------------------------- PETITIONER(S):

-------------------------- B.SUKUMARAN , THIRUVATHIRA, KARATTUVAYAL, KANHANGAD P.O, KASARAGOD DISTRICT.

BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.ASHISH MOHAN SMT.T.RESHMA RESPONDENT(S):

----------------------------

1. KERALA STATE ELCTION COMMISSION, CORPORATION OFFICE COMPLEX, 1ST FLOOR, LMS JUNCTION, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR, KASARAGOD, ELECTION TO THE LOCAL SELF GOVERNMENT INSTITUTIONS, 2015, KASARAGOD - 671 121.

3. THE RETURNING OFFICER/JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KASARAGOD, KANHANGAD MUNICIPALITY, KASARAGOD - 671 121.

4. THE DEPUTY SUPERINTENDENT OF POLICE, HOSDURG, KASARAGOD - 671 531.

5. THE SUB INSPECTOR OF POLICE, HOSDURG, KASARAGOD-671 531.

6. V.V. RAMESH, S/O. LATE APPU, RESIDING AARAMAM, KANHANGAD SOUTH, KANHANGAD - 671 531.

R BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32397 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE PHOTOSTAT COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 19.10.2015. EXHIBIT P1(a) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1 EXHIBIT P2 : TRUE COPY OF THE PHOTOGRAPH SHOWING THE POLLING BOOTH AND THE AREA COMMITTEE OFFICE OF THE CPM EXHIBIT P3 : TRUE COPY OF THE NEWS REPORTS WHICH HAS APPEARED IN THE HINDU DAILY DATED 21.10.2015.

RESPONDENT'S EXHIBITS ---------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 32397 of 2015 --------------------------------------------------------------- Dated this the 26th day of October, 2015

JUDGMENT

Shaffique, J Petitioner has approached this Court seeking police protection. It is a matter relating to conduct of election. According to him, he is a candidate for election which is notified to be held on 2.11.2015.

2. We have already observed in WP(C).31592 of 2015 that it is for the Government to take necessary action to ensure proper conduct of election. In that case, learned counsel appearing for the State Election Commission has stated that the Commission shall take such steps as has been notified by the police and which had been declared as a vulnerable polling booth in which proper instructions will be given. We take on record the above submission and dismiss the writ petition.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.

// True copy // P.A. To Judge