Joshy Cheriyan v. The Returning Officer

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. 32651 of 2015 (F) ---------------------------- PETITIONER :

--------------------- JOSHY CHERIYAN, AGED 46 YEARS, S/O. CHERIYAN VELLAPANIYIL HOUSE, KEEZHPALLY P.O., KANNUR DISTRICT -670 704.

BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S) :

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

THE RETURNING OFFICER D-13-KANNUR JILLA PANCHAYAT & DISTRICT COLLECTOR KANNUR KANNUR DISTRICT - 670 001.

2.

THE SUPERINTENDENT OF POLICE KANNUR, KANNUR DISTRICT - 670 001.

3.

THE STATE ELECTION COMMISSION THIRUVANANTHAPURAM - 695 001.

R1 & R2 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC 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. 32651 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE FORM OF APPOINTMENT OF THE PETITIONER AS ELECTION AGENT DATED 20-10-2015.

EXT.P1(a) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1. EXT.P2 COPY OF THE NEWS ITEM DATED 24-10-2010 PUBLISHED IN THE WEBSITE OF THE NEW INDIAN EXPRESS.

EXT.P3 COPY OF THE NEWS ITEM PUBLISHED IN MANORAMA ONLINE DATED 26-10-2015.

EXT.P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25-10-2015.

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

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

--------------------------------------- W.P.(C) No.32651 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.