Noorudeen Koya v. The State Of Kerala

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. 32980 of 2015 (V) ---------------------------------------- PETITIONER(S):

----------------------- NOORUDEEN KOYA, S/9.KAMALUDEEN, MEHAFIL, VATTAYAL WARD, ALAPPUZHA.

BY ADV. SRI.VISHNURAJ RESPONDENT(S):

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

STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2.

D.LEKSHMANAN, CANDIDATE, LDF (LEFT DEMOCRATIC FRONT), GURUMANDIRAM WARD, ALAPPUZHA MUNICIPALITY, RESIDING AT PUTHUVAL, PALLURUTHY WARD, THOMPOLY P.O., ALAPPUZHA - 688 001.

3.

NASEER A., SECRETARY, LDF (LEFT DEMOCRATIC FRONT), ELECTION COMMITTEE, ERAVUKADU WARD, RESIDING AT PUTHENVEDU, PALLURUTHY WARD, ALAPPUZHA - 688 001.

4.

THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH, ALAPPUZHA - 688 001.

5.

THE SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001.

R1, R4 & R5 BY SRI.P.VIJAYARAGHAVAN, STATE ATTORNEY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 32980 of 2015 (V) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF RECEIPT ISSUED BY THE RETURNING OFFICER, ALAPPUZHA MUNICIPALITY DTD.14.10.2015.

EXT.P2: PHOTOSTAT COPY OF THE COMPLAINT DTD.21.10.2015 PREFERRED ON BEHALF OF THE PETITIONER BEFORE THE C.I. OF POLICE, ALAPPUZHA SOUTH WITH ENGLISH TRANSLATION.

EXT.P3: PHOTOSTAT COPY OF THE COMPLAINT DTD.21.10.2015 PREFERRED ON BEHALF OF THE PETITIONER BEFORE THE S.P., ALAPPUZHA WITH ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

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

--------------------------------------- W.P.(C) No.32980 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.