IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32362 of 2010(U)
1. C.SATHYAN, S/O.KRISHNAN NAIR,
... Petitioner
2. P.K.BALARAM, S/O.KRISHNAN NAMBIAR,
3. E.K.SHAJI, S/O.GOVINDAN,
4. C.MANOHARAN, S/O.KRISHNAN,
5. K.CHANDRAN, S/O.NARAYANAN,
6. P.P.NARAYANAN, S.N.PURAM, P.O.CHALA,
7. K.V.CHANDRAN, S/O.GOVINDAN,
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. THE DISTRICT COLLECTOR,
5. THE KERALA STATE ELECTION COMMISSION,
For Petitioner :SMT.SHAMEENA SALAHUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :22/10/2010
O R D E R
K.M.JOSEPH & M.C.HARI RANI, JJ.
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W.P.(C) Nos.32362/2010, 32364/2010
32467/2010, 32435/2010
32047/2010
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Dated, this the 22nd day of October, 2010
J U D G M E N T
K.M.Joseph, J.
Since these Writ Petitions raise common issue,
they are disposed of by this common Judgment.
Petitioners have approached this Court in the
context of the forthcoming election to the local bodies. The
basic apprehension is that the election will not be conducted in
a free and fair manner. Petitioners are Convenors, Chairman
of Election Committee, Secretaries of different ward
committee of the UDF. In one of the writ petitions there is a
private party. The prayer is to provide police protection for the
conduct of polling. Notice has been served in the matter.
2. A statement has been filed on behalf of the
State Election Commission. Therein it is inter alia stated as
follows:
“3. There are 21612 Local Self Government
constituencies in Kerala. There are 37233 polling booths
in the State housed in 22061 building.
4. The State Election Commission has taken all steps for
the conduct of a free and fair election. Meetings were
WPC No.32362/2010 & con.cases -2-
held with the Chief Secretary of the State, Director
General of Police and other top police officials, District
Collectors and other senior officers of the State.
5. Sensitive and troublesome areas in the State were
identified through the District Superintendents of police
and the District Collector. Senior officials of the
Government have been nominated as Observers in
consultation with the Government for
overseeing/observing the election in terms of Section 40A
of the Kerala Panchayat Raj Act and Section 96A of the
Kerala Municipality Act. The Observers have been given
instructions to keep close watch of sensitive areas
including polling stations and other areas which they
deem fit. They have been provided with vehicles and
mobile phones to exercise their duties.
7. It is reported that 3218 polling stations in the State are
situated in politically sensitive areas. The district wise
number of polling stations identified as sensitive is given
below.
Name of District Number of Number
polling of
stations polling
identified as stations
sensitive identified
as
vulnerab
le
Thiruvananthapuram 118
Kollam
89
Pathanamthitta 60
WPC No.32362/2010 & con.cases -3-
Name of District Number of Number
polling of
stations polling
identified as stations
sensitive identified
as
vulnerab
le
Alappuzha 233
Kottayam 52
Idukki
Nil
Ernakulam 442
Thrissur 31
Palakkad 80 42
Malappuram 58
Kozhikode 396
Kannur 1345 84
Wayanad 49
Kasaragod 265
126 polling stations are identified as vulnerable.
In Idukki there is no polling station identified as sensitive. In
all other districts there are number of polling stations which
are identified as sensitive. 1345 polling stations in Kannur
District are identified as sensitive and this is the largest
number of sensitive polling stations in the State followed by
Ernakulam at 442 and Kozhikode at 3rd position with 396
polling stations.
“8. Sufficient police forces have been deployed in these
sensitive areas to meet law and order problems. Special
WPC No.32362/2010 & con.cases -4-
care and attention have already been taken by the Police
in these sensitive areas to provide adequate security
measures to the electorate and the polling officials for the
smooth conduct of election in a peaceful atmosphere.
9. All the police forces including Local Police, Armed
Battalion, District Armed Force, Crime Branch, Special
Branch, Vanitha Police etc. are being deployed throughout
the State for the election purpose. Apart from the above
police forces, Excise, Forest and Motor Vehicles
Department employees are also being deployed for the
election to maintain law and order. 15000 Special Police
are being appointed to ensure free and fair election.
Moreover, seven company of police force from Karnataka
are also being deployed in the State for election purpose.
Further, police force from Tamil Nadu is also requested for
being deployed to maintain law and order during election.
10. Polling stations are conveniently categorized into
different groups according to its proximity between each
other. Mobile Group Patrol and Law and Order Patrol with
wireless sets and mobile phone facilities are also been
arranged to get in touch with each polling stations and to
evaluate the peaceful state of affairs in each polling
stations. Video cameras are also arranged in sensitive
and vulnerable booths to guarantee unruffled
environment throughout the election process.
11. Striking forces are also deployed in all Districts under
Superintendent of Police, Dy.SPs. and Circle Inspectors
with about 9 units to meet any untoward contingencies
during the election period. Hotlines are provided with the
WPC No.32362/2010 & con.cases -5-
Police head quarters-Secretariat-Intelligence
headquarters-Superintendent of Police office of all
Districts for instant communications, instructions and
directions.
12. Strict instructions have been given to the police
officials to take stringent and instantaneous action in
accordance with law to prevent bogus voting,
impersonation, booth capturing and other electoral
offences. Any attempt to traverse the tranquility in order
to take advantage from countermanding election or any
attempt to interfere with the smooth process of election
will be dealt with seriously. Appropriate and immediate
remedial action will be taken in accordance with law to
defeat such despicable situations.
13. Control Rooms and Help Lines equipped with all
arrangements are made available in all districts to control
the interaction between each of the groups and to make
available their service at the spot in time whenever it
becomes necessary. The mobile phone numbers of police
officers who are in charge of maintaining law and order
are being circulated among the public by publishing in
daily newspapers.
14. Orders have been issued prohibiting and restricting
carrying of fire arms and lethal weapons till the election
process is over. Thorough checking of vehicles are
directed to be done for 3 days before the day of poll, on
poll day and till the completion of counting of votes to
ensure that no undesirable elements or arms and
ammunitions are smuggled into the constituency from
WPC No.32362/2010 & con.cases -6-
outside. Directions are also issued not to allow
cars/vehicles to move in convoys of more than 3 vehicles.
Directions have also been issued by the Commission to all
District Collectors and the Director General of Police to
prevent any corrupt practices or electoral offences being
committed at elections.
15. Thus every step is being taken by the Commission
with the assistance of the State machinery and police to
ensure a free and fair election. The police have been
instructed to provide adequate protection to voters,
polling agents of all political parties and candidates and to
assist the election machinery to ensure fair and free poll.
The senior police officials of the State have assured to the
Commission all assistance and help of the police force to
ensure a smooth, free and fair election. The
arrangements are also reviewed each day with the
assistance of the police.
It is also stated in para 16 as follows:
16. The State Election Commission does not object to
any direction being issued by this Hon’ble Court to the
police to ensure a free and fair poll. However, it is
respectfully submitted that any direction that may be
issued by this Hon’ble Court at this stage with regard to
the arrangements to be made at any polling stations
may lead to total confusion in the arrangements now
made by the State Election Commission for the conduct
of elections to Local Self Government Institutions in
WPC No.32362/2010 & con.cases -7-
Kerala.”
3. We heard the learned counsel for the
petitioners, learned Government Pleader and also the learned
standing counsel appearing on behalf of the Election
Commission. There is no appearance as such for the party
respondent. Learned counsel for the petitioners reiterate the
apprehension of the petitioners. There is a case for them that
some of the polling stations should have been treated as
sensitive and they have not been done. It is submitted by
the learned counsel appearing in the other cases that there is
genuine apprehension that the electoral process would be
sabotaged. There is also a complaint that impersonators will
be allowed to vote and the candidates and their agents will not
be allowed to carry out their work. It is the further complaint
that the voters will not be allowed to freely exercise their
franchise.
4. Per contra, learned standing counsel for the
Commission would submit that there are elaborate process
involved. He reiterates that there are 21612 constituencies
WPC No.32362/2010 & con.cases -8-
in the State of Kerala in the forth coming election. There
are 37233 polling stations situated in 22061 buildings. The
Election Commission is constituted under the provisions of
Article 243 K of the Constitution. He would submit
that the Commission is appointing observers in all the
districts . The observers will be senior Administrative officers
in all the districts. He would point out Rule 31 of the Kerala
Panchayat Raj (Conduct of Election ) Rules, 1995. It reads as
follows:
“31.Identification of electors:–(1) The Presiding
Officer may employ at the polling station such person as
he thinks fit to help in the identification of the electors or
to assist him otherwise in taking the poll.
(2) As each elector enters the polling station, the Presiding
Officer or the Polling Officer authorised by him in this
behalf shall check the elector’s name and other particulars
with the relevant entry in the electoral roll and then call
out the serial number, name and other particulars of the
elector.
(3). In deciding the right of a person to obtain a ballot
paper the Presiding Officer or the Polling Officer, as the
case may be, shall overlook merely clerical or printing
errors in an entry in the electoral roll, if he is satisfied that
such person is identical with the elector to whom such
entry relates.
WPC No.32362/2010 & con.cases -9-
(4). Each elector shall produce either the identity
card issued by the Central Election Commission or
Revenue Card or Ration Card or Passport or Driving
Licence or Pass Book obtained from Bank or Post
Office, if demanded by the Presiding Officer or the
Polling Officer authorised by him in this behalf.”
5. He would point out that under Rule 32 it is
open to any polling agent to challenge the identify of person.
Rule 33 also deals with safeguards against personation. He
also brought to our notice a Bench decision of this Court a
public interest litigation (W.P.(C) No.1080/2010). Therein
this Court also relied on the provisions of Rule 31 and repelled
the contentions of the petitioner therein for interference by
the Court. The Court took the view that it is a matter which
should engage the attention of the legislative body. According
to the learned standing counsel for the Commission, the
decision to categorise the polling stations as sensitive and
vulnerable is based on intelligence inputs by the Police
Officers.
6. Learned Government Pleader would submit as
WPC No.32362/2010 & con.cases -10-
follows: That police is deployed in scheme for the conduct
of polling based on the above criteria. That additional police
will be deployed in sensitive and vulnerable areas. He would
further submit that as stated in the statement of the
Commission 7 companies of police from the Karnataka State
have been requested and they have been allotted to the State.
Out of the 7 companies 3 have been allotted to Kannur
district, one company is allotted to Kasargode and 3 are kept
as reserve to be used on the basis of fresh intelligence inputs.
Learned Government Pleader would further submit that there
would be general law and order patrolling in all the
constituencies from the day on which election campaign ends.
It is further submitted that all directions given by the electoral
officers will be complied in letter and spirit.
7. Learned standing counsel for the Commission
also on enquiries made by us made available certain
judgments of this Court rendered in the context of previous
election . In W.P.(C) 27324/2005 and connected cases, we
notice that a Division Bench of this Court was considering
almost similar contentions. Learned standing counsel would
WPC No.32362/2010 & con.cases -11-
point out that there were almost 30 writ petitions filed during
the last election. We notice that after referring to the
submissions the Court specifically directed that if requests
come from the candidates that there is personal threat that
should be promptly attended to.
8. In W.P.C. 27285/2005 after referring to the
undertakings of the Government and the Commission the
Court directed the State to ensure that the undertakings will
be honoured so as to ensure the election process is smoothly
carried out. Taking note of the anxiety expressed by the
petitioners the Court directed that the vigilance as stated
therein should be continued at least up to the time of
declaration of the results.
9. In the Constitutional scheme, the local bodies
play a pivotal role. The elections therefore to the local bodies
must be conducted in the most free and transparent manner.
The local bodies under decentralization of power contemplated
under the Constitution are the closest to the people and there
is much devolution of the power to the chosen
representatives of these bodies. Therefore , the importance
WPC No.32362/2010 & con.cases -12-
of holding election in a free and fair manner to the local
bodies cannot be over emphasised. It is the bounden duty of
the Commission and its officers to make every sincere effort
adopting a totally neutral stand and upholding the laws of the
land to conduct elections to the local bodies. It is equally the
duty of the officers of the State, in particular the police officers
that they are quick to respond to the demand in particular of
the officers of the Commission in a fair manner so that people
have continued faith in the democratic process and the voters
in large numbers are persuaded to participate in the
democratic processes. It is in the context of these dimensions
that that we must approach the issues raised in these writ
petitions.
10. Essentially the prayers in the writ petition are
for police protection. We have already extracted the
statement in its essential particulars in the judgment. The
undertakings which have been given by the Commission in
the statement shall be honored in letter and spirit. If threat to
the lives of the candidates or their agents whose cause is
exposed by the petitioners in the Writ petitions, have been
WPC No.32362/2010 & con.cases -13-
brought to the notice of the respondent police officers, they
shall ensure that the lives of the candidates and their agents
are protected, if threats are found to be genuine. As far as
the question relating to the protection to voters is concerned,
we emphasise the statement made by the Commission namely
that the police have been instructed to provide adequate
protection to the voters of all political parties. We have
already extracted the submission of the learned Government
Pleader that the police will abide by the directions of the
electoral officers. Reading both these together we feel that it
becomes the duty of the police to give adequate protection to
the voters so that they may exercise their franchise in a free
and fair manner. We also record the submission of the
learned counsel for the Commission that Rules 31 to 33 do
provide for a mechanism to deal with impersonation and that
the said Rules will be strictly enforced. It is open to the
petitioners if they are so inclined to apply to the District
Collector to take videography and without delay. If such
applications are received it is for the District Collector to pass
orders thereon in accordance with law and necessarily if it is
WPC No.32362/2010 & con.cases -14-
allowed the expenses must be borne by the petitioners. We
make it clear that videography need not be permitted in the
voting compartment. The request for videography if at all
made before the District Collector need be considered by him
only in respect of the polling stations of the candidates whose
cause is expoused by the petitioners in the writ petitions. In
case applications are received, the District Collector shall
bear-in-mind the decision of the Apex Court in Janak Singh v.
Ram Das Rai & Others (2005 (2) SCC 1).
11. The Writ Petitions are disposed of recording
the submissions on behalf of the Election Commission and also
the learned Government Pleader and with the directions which
we have given in this Judgment.
K.M.JOSEPH,
JUDGE.
M.C.HARI RANI,
JUDGE.
MS