Mansoor v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 33813 of 2015 (B) ---------------------------- PETITIONER(S):

----------------- MANSOOR, AGED 33 YEARS S/O.SIDDIQ, THAIYATTERI,M.M.BAZAR P.O., KANNUR - 670 306.

BY ADVS.SMT.M.MEENA JOHN SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S):

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

THE DISTRICT COLLECTOR, (DISTRICT ELECTORAL OFFICER) CIVIL STATION, KANNUR - 670 001.

2.

SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KANNUR - 670 001.

3.

STATE ELECTION COMMISSION REPRESENTED BY THE SECRETARY CORPORATION OFFICE BUILDING COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM - 695 001.

4.

THE SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, KANUR - 670 001.

R BY GOVERNMENT PLEADER SRI.BOBY JOHN PULIKKAPARAMBIL. R BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.33813 of 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE ORDER DATED 21.10.2015 APPOINTING THE PETITIONER AS THE CHIEF ELECTION AGENT.

EXHIBIT P2 : TRUE COPY OF THE LIST DATED 31.10.2015 OF 57 PERSONS WHO ARE INCLUDED IN THE VOTERS LIST.

EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 19.10.2015 SUBMITTED BY SMT.BEENA.V.M. TO THE SUPERINTENDENT OF POLICE. EXHIBIT P4 : TRUE COPY OF THE JUDGMENT DATED 29.10.2015 IN W.P.(C) NO.32878/2015 OF THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P5 : TRUE COPY OF THE DISCHARGE CARD IN RESPECT OF THE PETITIONER ISSUED FROM PRIYADARSHINI HOSPITAL, PAYYANUR.

EXHIBIT P6 : TRUE COPY OF THE DISCHARGE CARD IN RESPECT OF MR.PREMARAJAN ISSUED FROM PRIYADARSHINI HOSPITAL, PAYYANUR.

EXHIBIT P7 : TRUE COPY OF THE DISCHRAGE CARD IN RESPECT OF MR.IRSHAD ISSUED FROM PRIYADARSHINI HOSPITAL, PAYYANUR.

EXHIBIT P8 : TRUE COPY OF THE FIR DATED 3.11.2015 ALONG WITH FI STATEMENT OF THE PETITIONER.

EXHIBIT P9 : TRUE COPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DATED 3.11.2015.

EXHIBIT P10 : TRUE COPY OF THE NEWS REPORT APPEARED IN MATHRUBHOOMI DATED 3.11.2015.

EXHIBIT P11(a) : TRUE COPY OF THE COMPLAINT FILED BY THE UDF CANDIDATE SMT.BEENA V.M. BEFORE THE PRESIDING OFFICER, BOOTH NO.1.

EXHIBIT P11(b) : TRUE COPY OF THE COMPLAINT FILED BY THE UDF CANDIDATE SMT.BEENA.V.M. BEFORE THE PRESIDING OFFICER, BOOTH NO.2.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.33813 of 2015 --------------------- Dated this the 6th day of November, 2015

J U D G M E N T

The petitioner as the Chief Election Agent alleges that some untoward incident took place in the polling station of Ward No.15 of Eramamkuttur Panchayat in Kannur District. The petitioner asserts that the very sanctity of the election process has been spoiled and has filed Ext.P12 representation with the first respondent.

2. I direct the first respondent to consider Ext.P12 representation with notice to the respondent and other officers concerned. An order shall be passed and duly communicated to the petitioner within a period of one month.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/6.11.15