Mohanan Puracheri v. State Elction Commission

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 32427 of 2015 (C) ---------------------------- PETITIONER(S):

-------------- 1.MOHANAN PURACHERI, AGED 60 YEARS, S/O.SHEKARA PODUVAL, PRIYADARSHINI, MAHADEVAGRAMAM, PAYYANNUR, KANNUR DISTRICT.

2.T.K.RAGINI, AGED 49 YEARS, W/O.RAMACHANDRAN, THEKKEKURUNTHIL HOUSE, GRAMAM WEST, PAYYANNUR, KANNUR DISTRICT.

BY ADV. SRI.K.V.SREE VINAYAKAN RESPONDENT(S):

-------------- 1.STATE ELECTION COMMISSION, REP.BY THE SECRETARY, CORPORATION OFFICE BUIDLING COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM-695001.

2.THE DISTRICT COLLECTOR, (DISTRICT ELECTORAL OFFICER), KANNUR-670001.

3.THE RETURNING OFFICER, DISTRICT PLANNING OFFICER, KANNUR-670001.

4.DISTRICT POLICE CHIEF, KANNUR-670001.

5.SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, KANNUR DISTRICT-670307.

BY Sr.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION 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. 32427 of 2015 (C) APPENDIX PETITIONERS' EXHIBITS :

EXT.P1 : TRUE COPY OF THE PETITION FILED BY THE CONVENOR OF the PAYYANNUR MUNICIPAL UDF ELECTION COMMITTEE BEFORE THE 4th RESPONDENT DATED 20.10.2015.

RESPONDENTS' EXHIBITS :

NIL //TRUE COPY// P.A.TO JUDGE ami/

ASHOK BHUSHAN, C.J. & P.R.RAMACHANDRA MENON, J.

------------------------------------- W.P.(C)No.32427 of 2015 ---------------------------------- Dated this the 26th day of October, 2015.

J U D G M E N T

ASHOK BHUSHAN, C.J.

Petitioners have approached this Court seeking police protection. It is a matter relating to conduct of election. According to them, they are candidates 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.

W.P.(C)No.32427 of 2015 We take on record the above submission and dismiss the writ petition.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- P.R.RAMACHANDRA MENON, JUDGE.

ami/ //True copy// P.A.to Judge