P.P Musthafa 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 FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 WP(C).No. 33072 of 2015 (H) ---------------------------------------- PETITIONER(S):

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

P.P MUSTHAFA, AGED 45 YEARS, AGED 45 YEARS, MURIKKANCHERRY HOUSE, VILAKKODE P.O., VILAKKODE, KANNUR DISTRICT.

2.

K.V.RASHEED, S/O.MUHAMMADALI, AGED 35 YEARS, M.K.HOUSE, VILAKKODE P.O., VILAKKODE, KANNUR DISTRICT.

3.

SAJEEVAN.K.K., S/O.V.AMBUKUTTY, S/O.V.AMBUKUTTY, VELLANDY HOUSE, KAKKENGAD P.O., KANNUR DISTRICT.

4.

MEHBOOB T., S/O.ABDULLA HAJI, AGED 38 YEARS, KOTTARATHIL HOUSE, MUZHAKKUNNU P.O., NELLUR, KANNUR DISTRICT.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT(S):

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

THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY CHIEF ELECTION COMMISSIONER, CORPORATION OFFICE COMPLEX, I.M.S. JUNCTION, THIRUVANANTHAPURAM-691033.

2.

THE DISTRICT COLLECTOR, KANNUR.

3.

SUPERINTENDENT OF POLICE, KANNUR.

R1 BY SRI.MURALI PURUSHOTHAMAN, SC R2,3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 33072 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 21/10/15 MADE BY THE 1ST PETITIONER BEFORE THE R1 EXHIBIT P2:

TRUE COPY OF THE REPRESENTATION DATED 21/10/15 MADE BY THE 2ND PETITIONER BEFORE THE R1 EXHIBIT P3:

TRUE COPY OF THE REPRESENTATION DATED 21/10/15 MADE BY THE 4TH PETITIONER BEFORE THE R1.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

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

--------------------------------------- W.P.(C) No.33072 of 2015 ----------------------------------------- Dated this the 30th 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.

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/30.10.2015.