Fareeda Khader v. State Of Kerala

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. 32683 of 2015 (I) ---------------------------- PETITIONER :

--------------------- FAREEDA KHADER AGED 44 YEARS, W/O. KHADER NOORUL ISLAM QUARTERS, P.O. KANHIRODE WARD NO. 8, PAROTHUMCHAL MUNDERI GRAMA PANCHAYAT, KANNUR DISTRICT.

BY SENIOR ADVOCATE SRI.M.RAMESH CHANDER BY ADVS.SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT(S) :

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

STATE OF KERALA REPRESENTED BY SECRETARY TO HOME AFFAIRS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 2.

THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM - 695 001.

3.

THE SUPERINTENDENT OF POLICE KANNUR - 670 001.

4.

THE DISTRICT COLLECTOR KANNUR - 670 001.

5.

RETURNING OFFICER ELECTIONS TO MUNDERI GRAMA PANCHAYAT TALUK SUPPLY OFFICER, KANNUR - 670 001.

6.

AREA SECRETARY CPI(M), ANJARAKANDY AREA COMMITTEE KANNUR DISTRICT - 670 001.

...2/-

WP(C).No. 32683 of 2015 (I) -27. LOCAL SECRETARY CPI(M), KANHIRODE LOCAL COMMITTEE KANNUR DISTRICT - 670 592.

8.

STATE ELECTION COMMISSION KERALA , REPRESENTED BY SECRETARY THIRUVANANTHAPURAM - 695 001.

R1 TO R5 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN R8 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 ...3/-

WP(C).No. 32683 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOSTAT COPY OF THE REPRESENTATION BEFORE THE SUPERINTENDENT OF POLICE, KANNUR.

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

EXT.P2 PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE SUPERINTENDENT OF POLICE, KANNUR.

EXT. P2(a) ENGLISH TRANSLATION OF EXT. P2.

EXT.P3 COPY OF THE RECEIPT ISSUED BY THE COLLECTORATE, KANNUR. EXT. P3(a) ENGLISH TRANSLATION OF EXT. P3.

EXT.P4 PHOTOSTAT COPY OF THE PAPER PUBLICATION WHICH CAME IN MALAYALA MANORAMA DAILY DATED 20.10.2015.

EXT. P4(a) ENGLISH TRANSLATION OF EXT. P4.

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

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

--------------------------------------- W.P.(C) No.32683 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 her, she 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.