High Court Kerala High Court

R.Asokan Nair vs The State Of Kerala Represented By … on 13 May, 2010

Kerala High Court
R.Asokan Nair vs The State Of Kerala Represented By … on 13 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14643 of 2010(E)


1. R.ASOKAN NAIR, PRESIDENT, POLICE STAFF
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE POLICE STAFF CO-OPERATIVE SOCIETY

3. THE CO-OPERATIVE ELECTION COMMISSION,

4. THE RETURNING OFFICER (UNIT INSPECTOR)

5. THE DIRECTOR GENERAL OF POLICE,

6. THE COMMISSIONER OF POLICE,

7. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.N.NANDAKUMARA MENON (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :13/05/2010

 O R D E R
       A.K.BASHEER & P.R.RAMACHANDRA MENON, JJ.
            ------------------- -------------------------------
                    W.P.(C)No.14643 OF 2010
              -----------------------------------------------------
            DATED THIS THE 13th DAY OF MAY, 2010

                            J U D G M E N T

Basheer, J.

The petitioner claims to be the President of the Police Staff

Co-operative Society. The election of office bearers of the Society is

scheduled to be held on 15.5.2010. Petitioner apprehends that certain

members belonging to the rival group in the society may disrupt the

peaceful and fair conduct of the election. It is submitted by the

learned Senior counsel that the apprehension of the petitioner is likely

to materialise, if an appropriate direction is not issued to the

authorities concerned to ensure that the election is held in a proper

and legal manner. Though the petitioner has submitted Exhibits P4 to

P7 representations before the authorities concerned, it is his case that

an appropriate direction has to be issued by this Court to ensure

peaceful conduct of the election.

2. The learned Government Pleader submits that there is no

room for any apprehension on the part of the petitioner, since the

authorities are determined to see that there is no untoward incident

on the day of the election. No member or group will be permitted to

W.P.(C)No.14643/10 2

take law into their own hands and disrupt the election process, it is

submitted by the learned Government Pleader.

3. Having heard the learned senior counsel and the learned

Government Pleader, we do not find any reason to assume that the

authorities concerned will not take adequate measures to see that the

election is held in a proper manner. However, in the peculiar facts and

circumstances of the case, respondent No.5 is directed to ensure that

sufficient police personnel are posted at the venue of the election on

May, 15, 2010 to see that the election is held in a peaceful manner.

Similarly, respondent Nos.3 and 4 shall take all necessary steps to

conduct the election in a proper and peaceful manner strictly in

accordance with the rules/guide lines governing the same.

The Writ Petition is disposed of with the above directions.

A.K.BASHEER, JUDGE

P.R.RAMACHANDRA MENON, JUDGE

dsn