High Court of KeralaWP(C)/32622/2015closed

M.Basheer v. State Election Commission Kerala

2015-10-27Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32622 of 2015 () --------------------------- PETITIONER :

----------------- M. BASHEER, AGED 54 YEARS, S/O. SULAIMAN, THAYINERI P.O., PAYYANNUR KANNUR DISTRICT BY ADV. SRI.P.M.HABEEB RESPONDENTS :

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

1. STATE ELECTION COMMISSION, KERALA REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695033.

2. PRINCIPAL HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

3. THE DISTRICT COLLECTOR, (AS THE DISTRICT ELECTION OFFICER) DISTRICT COLLECTRATE, KANNUR - 670002.

4. PRESIDING OFFICER, PAYANNUR, THAINERI KARAYIL, WARD NO. 40, KANNUR DISTRICT, PIN - 670308.

5. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695001.

6. THE SUPERINTENDENT OF POLICE, KANNUR, KANNUR DISTRICT - PIN - 670612.

7. THE CIRCLE INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, PAYYANNUR, KANNUR DISTRICT PIN - 670 612.

WP(C).No. 32622 of 2015 (B)

8. M. ASHARAF, S/O. KATHEEJA, BRANCH SECRETARU. CPIM, TAINERI, PAYANNUR, KANNUR DISTRICT R1 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R2 TO R7 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32622 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE REPRESENTATION DT 20/10/2015 TO THE R6. P1(A): THE ENGLISH TRANSLATION OF EXHIBIT P1. P2:

COPY OF THE ORDER DT 16/10/2015.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 32622 of 2015 --------------------------------------------------------------- Dated this the 27th 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 //