Naseera Ahammed v. The District Police Chief, Kasaragod

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. 32891 of 2015 (J) ---------------------------- PETITIONER :

---------------------- NASEERA AHAMMED, S/O.P.B.AHAMMED, 'THAMSHEER VILLA', TAJ NAGAR, ALAMPADY POST, KASARAGOD DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S):

----------------------------

1. THE DISTRICT POLICE CHIEF, KASARAGOD-671 121

2. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM-695 001

3. THE DISTRICT ELECTION OFFICER (DISTRICT COLLECTOR), KASARAGOD-671 121

4. THE RETURNING OFFICER, KASARAGOD BLOCK PANCHAYATH ELECTION, KASARAGOD-671 121

5. A.A.JALEEL, MANDALAM SECRETARY, INDIAN UNION MUSLIM LEAGUE, BLANTHODE, KUDLU.P.O., KASARAGOD-671 121 R1, R3 & R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN R2 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM 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.32891/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE LIST OF CANDIDATES PUBLISHED BY THE RETURNING OFFICER.

P1(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 P2 COPY OF THE COMPLAINT DATED 26/10/2015 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF P2(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 P3 COPY OF THE POSTAL ACKNOWLEDGMENT ISSUED FROM THE DISTRICT POLICE CHIEF ACKNOWLEDGING THE RECEIPT OF EXHIBIT P2. P3(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3. RESPONDENT'S EXHIBITS:

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

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

--------------------------------------- W.P.(C) No.32891 of 2015 ----------------------------------------- Dated this the 29th day of October 2015

J U D G M E N T

Ashok Bhushan, CJ.

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/29.10.2015.