High Court of KeralaWP(C)/32795/2015closed

P Abdul Hameed Haji v. State Election Commission

2015-10-28Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 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 WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 32795 of 2015 (Y) ---------------------------- PETITIONER(S):

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1. P.ABDUL HAMEED HAJI, AGED 59 YEARS, S/O.MAMMU, POYYAKKAL, KALLUVALAPPIL, PERUMBATTA.P.O., KANNUR DISTRICT.

2. ABOOBACKER.M, AGED 63 YEARS, S/O.MAMMUSAHIB, PUTHENVEEDU, MOUKOD, PERUMBATTA.P.O.- 671 313, KANNUR DISTRICT.

BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S):

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1. STATE ELECTION COMMISSION, REPRESENTED BY THE SECRETARY, CORPORATION OFFICE BUILDING COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR, (DISTRICT ELECTORAL OFFICER), KASARAGOD - 673 001.

3. THE RETURNING OFFICER, WEST ELERI GRAMA PANCHAYATH - 673 001.

4. DISTRICT POLICE CHIEF, KASARAGOD - 673 001.

5. SUB INSPECTOR OF POLICE, CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT - 673 001.

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

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WP(C).No. 32795 of 2015 (Y) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.10.2015.

EXT. P2 :

TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.10.2015.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

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

--------------------------------------- W.P.(C) No.32795 of 2015 ----------------------------------------- Dated this the 28th day of October 2015

J U D G M E N T

Shaffique, J.

The petitioners have approached this Court seeking for 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.

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.