High Court of KeralaWP(C)/32878/2015closed

A.P.Subaida v. State Election Commission

2015-10-29Honourable 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 THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 32878 of 2015 (H) ---------------------------- PETITIONER(S):

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1. A.P.SUBAIDA, AGED 39 YEARS, W/O.ASSAINAR.C., ERANTHALA PUTHIYAPURAYIL, KOYIPRA, P.O.VELLORA, TALIPARAMBA TALUK, KANNUR DISTRICT.

2. BEENA.V.M., AGED 39 YEARS, W/O. DAMODARAN, APARNA NIVAS, M.M.BAZAR.P.O., PIN-670 306, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADV. SRI.K.V.SREE VINAYAKAN RESPONDENT(S):

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

2. THE DISTRICT COLLECTOR, (DISTRICT ELECTORAL OFFICER), KANNUR-670 001.

3. THE RETURNING OFFICER, ASSISTANT DIRECTOR, AGRICULTURAL OFFICE, PAYYANNUR-670 001

4. DISTRICT POLICE CHIEF, KANNUR-670 001

5. SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, KANNUR DISTRICT-670 001 R1 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R2 TO R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.32878/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 19/10/2015.

P2 COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT DATED 19/10/2015.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

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

--------------------------------------- W.P.(C) No.32878 of 2015 ----------------------------------------- Dated this the 29th day of October 2015

J U D G M E N T

Ashok Bhushan, CJ.

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/29.10.2015.