IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31501 of 2010(K)
1. M.VINODKUMAR, AGED 34 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. KERALA STATE ELECTION COMMISSIONER,
3. RETURNING OFFICER,
4. KAYYUR - CHEEMENI GRAMA PANCHAYATH,
5. A.APPU,
For Petitioner :SRI.M.V.AMARESAN
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/10/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.31501/2010-K
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Dated this the 19th day of October, 2010
J U D G M E N T
The petitioner is the candidate contesting election
from Ward No.13 of Kayyur-Cheemeni Grama Panchayat. The
complaint raised is regarding the location of the polling
booth. The allegation in the writ petition is that the
polling booth is located in a building wherein C.P.I.(M)
Munda Branch Committee is housed and Ext.P1 photograph is
produced in support of the above plea. The petitioner has
suggested various other buildings also wherein the polling
booth can be conveniently located.
2. The second respondent has filed a statement as
directed by this Court. It is averred in the statement
that the polling booth No.2 of Ward No.13 of Kayyur-
Cheemeni Grama Panchayat is located in a building at Munda
in which an Anganvadi is functioning. The same is
functioning in the building owned by Shri A.V.Kunjambu
Memorial Library, Arts and Sports Club on rental basis
under the Kerala Social Welfare Department. The booth
committee office of the LDF is situated about 75 meters
away from the Anganwadi. The location of the polling
station was fixed about two months back. The decision to
house the polling station No.2 of Ward No.13 of Kayyur-
W.P.(C). No.31501/2010
-:2:-
Cheemeni Grama Panchayat at the Anganwadi was taken in
consultation with the representatives of political parties.
It is averred that whatsoever, no complaints were raised
against the location of the polling station at the
Anganwadi in Munda by anybody. Annexure-A is the report
produced along with the statement. The report shows that
instructions have been given to remove the Board, fixed in
front of a building near the Anganwadi, of the LDF Polling
Booth Committee Office which is functioning about 75 meters
away from the Anganwadi. The apprehension expressed by the
learned counsel for the petitioner is that the location of
the flag stump and any indication of a particular political
party will influence voters. This is a matter for the
Returning Officer to issue appropriate orders. Since it is
mentioned that the polling booth is housed at the
Anganwadi, I do not find any reason to interfere with the
same. As pointed out in the report, appropriate steps will
be taken by the Returning Officer to see that the polling
is held peacefully.
The writ petition is dismissed. No costs.
(T.R. Ramachandran Nair, Judge.)
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