Aboobacker V.P. v. 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 TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 33369 of 2015 (U) ---------------------------- PETITIONER(S):

-------------------------- ABOOBACKER V.P. AGED 50 YEARS, S/O PAREED, RESIDING AT VILAKKATH HUSE, KOOVALLUR PO, PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DT PINCODE 686691.

BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S):

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

STATE ELECTION COMMISSION, TRIVANDRUM 695004, REPRESENTED BY ITS SECRETARY. 2.

RETURNING OFFICER, G-61, PALLARIMANGALAM GRAMA PANCHAYATH & ASSISTANT EXECUTIVE ENGINEER, MVIP SUB DIVISION-VIII, VAZHAKULAM, MUVATTUPUZHA TALUK, ERNAKULAM DT, PINCODE 686691.

3.

DEPUTY SUPERINTENDENT OF POLILCE, MUVATTUPUZHA, ERNAKULAM DT PINCODE 686673.

4.

CIRCLE INSPCTOR OF POLICE, KALLURKAD POLICE STATION, ERNAKULAM DISTRICT, PINCODE 686691.

5.

SUB INSPECTOR OF POLICE,POTHANICAD POLICE STATION, ERNAKULAM DISTRICT, PINCODE 686691.

6.

P.K.MOIDU, S/O KADER, RESIDING AT PAREKKAL HOUSE, PALLARIMANGALM PO, PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DT.

BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-112015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.33369/15 APPENDIX PETITIONER'S EXHIBITS EXT.P1:

TRUE COPY OF THE REPRESENTATION DT 26.10.15 SUBMITTED BY THE PETITIONER BEFORE THE RETURNING OFFICER. EXT.P1(a):

ENGLISH TRANSLATION OF EXT.P1.

EXT.P2:

THE TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN 'SIRAJ' MALAYALAM DAILY DATED 25.10.2015 REGARDING THE ATROCITIES COMMITTED BY THE 6TH RESPONDENT.

EXT.P2(a):

ENGLISH TRANSLATION OF EXT.P2.

EXT.P3:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.10.2015 BEFORE TH RESPONDENTS 35. //True Copy// PS to Judge Rp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 33369 of 2015 ================== Dated this, the 3rd day of November, 2015

J U D G M E N T

Ashok Bhushan, C.J.

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) No.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 Rp3/11/2015