Joji Cheriyan v. The Returning Officer

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. 33087 of 2015 (I) ---------------------------- PETITIONER(S):

-------------------------- JOJI CHERIYAN, S/O.CHERIYAN, THAZHUVELIKKATTIL HOUSE, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT.

BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR.

RESPONDENT(S):

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

1. THE RETURNING OFFICER, D-04, ALAPPUZHA JILLA PANCHAYAT & DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT-688 001.

2. THE RETURNING OFFICER, G04044, THIRUVANVANDOOR GRAMA PANCHAYAT, ALAPPUZHA-689 121.

3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT-688 001.

4. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT-689 121.

5. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM-695 001.

R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R5 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 33087 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE REPRESENTATION DATED 26/10/2015.

EXT.P1A COPY OF THE ENGLISH TRANSLATION OF EXT.P1.

EXT.P2 COPY OF THE JUDGMENT IN WP(C).NO.32025 OF 2010 DATED 20/10/2010.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

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

--------------------------------------- W.P.(C) No.33087 of 2015 ----------------------------------------- Dated this the 30th 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/30.10.2015.