IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32639 of 2010(D)
1. FATHIMA BEEVI,KAYAKKANDI HOUSE,
... Petitioner
2. K.P.ABDUL RAZACK,EDAKKOTTUMMAL HOUSE,
3. DEVI,AMBALAKKANDI,MOILOTHARA PO,
4. SHANI NADUKANEEMMAL,NADUKANEEMMAL HOUSE,
5. KOORARA BINDU,KOORAREMMAL HOUSE,
6. NAMITHA,KANATHIL HOUSE,MARUTHONKARA PO,
7. SREEJITH,KUNNATHUCHALIL HOUSE,
8. K.J.SEBASTIAN,KUNNIPPARAMBIL HOUSE,
9. JOSE,PUTHUKULANGARA,PASUKKADAVU PO,
10. JEEVANS,KONUKUZHIYIL HOUSE,
11. SANTHOSH,VATTAKKANDI HOUSE,
12. SARADA,PATTYATT HOUSE,
13. KILAYIL RAVEENDRAN,KILAYIL HOUSE,
14. MUBARAK,EDATHIL HOUSE,
Vs
1. THE STATE ELECTION COMMISSION FOR THE
... Respondent
2. THE DISTRICT COLLECTOR,COLLECTORATE,
3. THE RETURNING OFFICER,G-17,MARUTHONKARA,
4. THE SUPERINTENDENT OF POLICE,
5. THE DEPUTY SUPERINTENDENT OF POLICE,
6. THE CIRCLE INSPECTOR OF POLICE,
9. THE SUB INSPECTOR OF POLICE,'
For Petitioner :SRI.P.P.JACOB
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :26/10/2010
O R D E R
K.M.JOSEPH & M.C.HARI RANI, JJ.
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W.P.(C) No.32639 of 2010
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Dated this the 26th day of October 2010
J U D G M E N T
Petitioners have approached this Court seeking the
following reliefs :-
“i. Issue a writ of mandamus or other writ or order
directing the respondents to act upon Ext.P1 to P4
ensuring law and order situation properly enabling the
voters to reach the polling station and to exercise where
votes peacefully without any obstruction of hindrance in
whatsoever manner.
ii. Direct the respondents to deploy necessary police
officials giving adequate police protection to the voters,
candidate and authorized agents ensuring peaceful
conduct of the election in Ward No.1 to 14 of
Maruthonkara Grama Panchayath by acting upon Ext.P1
to P4.
iii. Direct the respondents 1 to 3 to allow necessary
video graph in and around the polling booths where the
W.P.(C) No.32639 of 2010
-: 2 :-
votes are being polled in connection with the election of
the petitioners as candidates in Ward No.1 to 14 in the
Maruthonkara Grama Panchayath ensuring that
impersonation and other election offences are not being
allowed to commit in whatsoever manner.”
2. The case of the petitioners in brief as follows:-
Petitioners are candidates from Ward No.1 to 14
of the G 17 Maruthonkara Grama Panchayath. From 2008
onwards political rivalry exists in respect of Maruthonkara
Service Co-operative Bank Ltd. in that area. It is stated that
large scale violence and massive attacks were done at the
instance of LDF against UDF persons from the very
inception of the declaration of election and filing of
nomination papers. They submit that for the last several
years political rivalry exist in that area and hence the office
bearers of the UDF alliance as well as the petitioners
submitted Exts.P1 to P4 petitions before the authorities.
3. We heard the learned counsel for the petitioners,
the learned Standing Counsel appearing on behalf of the
Respondent Nos.1, 2 & 3 and the learned Government
W.P.(C) No.32639 of 2010
-: 3 :-
Pleader on behalf of the Respondent Nos.4 to 7.
4. The learned Standing Counsel appearing on
behalf of the Commission submits that the State Election
Commission has issued a proceedings dated 26.10.2010
addressed to the Director General of Police to deploy police
force in that area and to see that the District Collector takes
steps for arranging of videography. The learned Standing
Counsel would also submit that as far as the request for
videography made by the petitioners is concerned, that will
be allowed. [Ofcourse, the petitioners will have to meet the
expense of the videography.]
5. The learned Government Pleader would submit
that, the request of the Commissioner will be complied with
and sufficient police force will be deployed so that the
election is held in a safe and fair manner. The learned
Government Pleader would also submit that there will be
general police patrolling done so as to ensure that the
polling is conducted in a smooth manner.
W.P.(C) No.32639 of 2010
-: 4 :-
We record these submissions and dispose of this
writ petition in the above manner. Petitioners shall produce
a copy of this judgment before the District Collector for
proper compliance.
K.M.JOSEPH,
JUDGE.
M.C.HARI RANI,
JUDGE.
Jvt