Subeesh N.K. v. The Kerala State Election Commission

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. 32955 of 2015 (T) -------------------------------------------- PETITIONER(S) :

------------------------- SUBEESH N.K, NALUKANDATHIL HOUSE, PANNIANNUR P.O, PARAL, KANNUR, PIN- 670 671.

BY ADVS.SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS SRI.P.REJINARK SMT.K.B.SONY SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH KUM.M .ANJU THOMAS SR.P.K.BALAKRISHNAN RESPONDENT(S) :

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

1. THE KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, L.M.S.JUNCTION, THIRUVANANTHAPURAM- 691 033.

2. THE DISTRICT COLLECTOR, KANNUR- 673 001.

3. SUPERINTENDENT OF POLICE, KANNUR- 673 001.

4. THE RETURNING OFFICER, PANNIANNUR GRAMA PANCHAYAT, KANNUR DISTRICT- 673 001.

5. THE STATION HOUSE OFFICER, PANNOOR POLICE STATION, KANNUR DISTRICT- 673 001. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, S.C 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:

Msd.

WP(C).No. 32955 of 2015 (T) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE REPRESENTATION DATED 26.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :

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

Msd.

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

--------------------------------------- W.P.(C) No.32955 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 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.