K.T. Eldhose v. Sub Inspector Of Police

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. 32941 of 2015 (P) ---------------------------- PETITIONER :

--------------------- K.T. ELDHOSE AGED 55 YEARS, S/O. THOMAS KAKKASSERY HOUSE, MATTOOR KALADY, ERNAKULAM DISTRICT.

BY ADVS.SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT(S) :

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

SUB INSPECTOR OF POLICE KALADY POLICE STATION, KALADY ERNAKULAM DISTRICT, PIN - 683 574.

2.

M.T. VARGHESE S/O. THOMAS, KAKKASSERY HOUSE MATTOOR, KALADY P.O., ERNAKULAM DIST., PIN - 683 574.

3.

RETURNING OFFICER KALADY GRAMA PANCHAYATH & SPECIAL TAHASILDAR (LA) NH NO. II ALUVA, PIN - 683 101.

4.

ELECTION COMMISSIONER THIRUVANANTHAPURAM, PIN - 695 001.

R1 & R3 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN R4 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 32941 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF THE LIST OF CANDIDATE CONTESTING IN THE WARD I OF KALADY PANCHAYATH PUBLISHED BY RETURNING OFFICER, ALONG WITH ENGLISH TRANSLATION.

EXT.P2 PHOTOCOPY OF THE JUDGMENT OF THE DISTRICT COURT, ERNAKULAM IN AS (ELECTION) NO. 196/2012 DATED 11.12.2013. EXT.P3 PHOTOCOPY OF THE COMPLAINT DATED 27.11.2015 ALONG WITH ENGLISH TRANSLATION.

EXT.P4 PHOTOCOPIES OF THE FRONT PAGE OF THE VOTERS LIST OF DIVISION I ALONG WITH ENGLISH TRANSLATION.

EXT.P4(a) PHOTOCOPY OF THE FRONT PAGE OF THE VOTERS LIST OF DIVISION II ALONG WITH ENGLISH TRANSLATION.

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

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

--------------------------------------- W.P.(C) No.32941 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 him, he is a candidate for election which is notified to be held on 5.11.2015.

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.