Rajith Narath v. The State Election 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 WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 32650 of 2015 (E) ---------------------------- PETITIONER :

--------------------- RAJITH NARATH AGED 39 YEARS, S/O. NARAYANAN KANDAMBETH HOUSE, POST NARATH KANNUR DISTRICT.

BY ADVS.SRI.V.R.KESAVA KAIMAL SMT.C.DEVIKA RANI KAIMAL RESPONDENT(S) :

---------------------------- 1.

THE STATE ELECTION COMMISSION REP. BY ITS SECRETARY, ELECTION COMMISSIONERS OFFICE THIRUVANANTHAPURAM - 695 033.

2.

THE DISTRICT ELECTION OFFICER COLLECTORATE, KANNUR - 670 002.

3.

THE RETURNING OFFICER/DISTRICT COLLECTOR COLLECTORATE, KANNUR - 670 002.

4.

K.P. JAYAPALAN CANDIDATE TO DISTRICT PANCHAYAT JAYBEES COLLEGE, PALLIKULAM, POST CHIRAKKAL KANNUR DISTRICT - 670 011.

5.

THE SUPERINTENDENT OF POLICE KANNUR - 670 002.

6.

THE SUB INSPECTOR OF POLICE VALAPATTANAM - 670 010.

R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC R2, R3, R5 & R6 BY STATE ATTORNEY SRI.P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 32650 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE REPRESENTATION DATED 25.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

EXT.P1(a) COPY OF THE ENGLISH TRANSLATION OF EXT. P1.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

--------------------------------------- W.P.(C) No.32650 of 2015 ----------------------------------------- Dated this the 28th day of October 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking for 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 Jvt/28.10.2015.