{"id":160063,"date":"2010-10-19T00:00:00","date_gmt":"2010-10-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shalini-m-vs-state-election-commission-on-19-october-2010"},"modified":"2017-04-29T15:51:19","modified_gmt":"2017-04-29T10:21:19","slug":"shalini-m-vs-state-election-commission-on-19-october-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shalini-m-vs-state-election-commission-on-19-october-2010","title":{"rendered":"Shalini.M. vs State Election Commission on 19 October, 2010"},"content":{"rendered":"
Kerala High Court<\/div>\n
Shalini.M. vs State Election Commission on 19 October, 2010<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nWP(C).No. 31830 of 2010(C)\n\n\n1. SHALINI.M., AGED 23 YEARS,\n                      ...  Petitioner\n\n                        Vs\n\n\n\n1. STATE ELECTION COMMISSION, KERALA,\n                       ...       Respondent\n\n2. THE DISTRICT COLLECTOR\/DISTRICT ELECTION\n\n3. THE SUPERINTENDENT OF POLICE,\n\n4. THE DEPUTY SUPERINTENDENT OF POLICE,\n\n5. THE CIRCLE INSPECTOR OF POLICE,\n\n6. THE STATION HOUSE OFFICER,\n\n                For Petitioner  :SRI.M.RAMESH CHANDER\n\n                For Respondent  :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM\n\nThe Hon'ble MR. Justice K.M.JOSEPH\nThe Hon'ble MRS. Justice M.C.HARI RANI\n\n Dated :19\/10\/2010\n\n O R D E R\n              K.M.JOSEPH & M.C.HARI RANI, JJ.\n        ------------------------------------------------------\n       W.P.(C) Nos. 31830\/2010-C, 31648\/2010-E\n      31855\/2010-F, 31641\/2010-E, 31646\/2010-E\n      31667\/2010-G, 31828\/2010-C, 31854\/2010-F\n      31649\/2010-E, 31647\/2010-E, 31853\/2010-F\n              31457\/2010-F, 31840\/2010-D,\n     31710\/2010-K, 31406\/2010-A, 31637\/2010-D,\n      31822\/2010-C, 31775\/2010-V & 31774\/2010-\n           ----------------------------------------------\n          Dated, this the 19th day of October, 2010\n\n                         J U D G M E N T\n<\/pre>\n
K.M.Joseph, J.\n<\/p>\n<\/p>\n
            This batch of Writ Petitions raise essentially<\/p>\n
common questions.          Petitioners are candidates in the<\/p>\n
forthcoming elections to the Local Bodies scheduled to be held<\/p>\n
on 23.10.2010 and 25.10.2010.\n<\/p>\n<\/p>\n
            2.     Petitioners have approached this Court<\/p>\n
apprehending that the elections to the Local Bodies will not be<\/p>\n
conducted in a free and fair manner.             Various types of<\/p>\n
allegations have been raised. In some of the Writ Petitions,<\/p>\n
allegations are fairly general. In some other Writ Petitions,<\/p>\n
allegations are more specific. The allegations in many cases<\/p>\n
are to the effect that the polling stations are sensitive. The<\/p>\n
reliefs which have been sought in these Writ Petitions<\/p>\n
W.P.C.31830 & Con.cases             -2-\n<\/p>\n
essentially are to grant police protection to the candidates, to<\/p>\n
their agents and also for the voters, so that the election is<\/p>\n
held in a free and fair manner. In many of the Writ Petitions,<\/p>\n
there is a prayer that the Election Commission Officials may<\/p>\n
be directed to videograph the electoral process in their polling<\/p>\n
stations.\n<\/p>\n
               3. A statement has been filed on behalf of the<\/p>\n
State Election Commission. Therein it is inter alia stated as<\/p>\n
follows:\n<\/p>\n
     “3.      There   are   21612     Local   Self  Government<\/p>\n
     constituencies in Kerala. There are 37233 polling booths<\/p>\n
     in the State housed in 22061 building.<\/p>\n
     4. The State Election Commission has taken all steps for<\/p>\n
     the conduct of a free and fair election. Meetings were<\/p>\n
     held with the Chief Secretary of the State, Director<\/p>\n
     General of Police and other top police officials, District<\/p>\n
     Collectors and other senior officers of the State.<\/p><\/blockquote>\n
     5.  Sensitive and troublesome areas in the State were<\/p>\n
     identified through the District Superintendents of police<\/p>\n
     and the District Collector.       Senior officials of the<\/p>\n
     Government have been nominated as Observers in<\/p>\n
     consultation      with      the        Government     for<\/p>\n
     overseeing\/observing the election in terms of Section 40A<\/p>\n
     of the Kerala Panchayat Raj Act and Section 96A of the<\/p>\n
     Kerala Municipality Act. The Observers have been given<\/p>\n
W.P.C.31830 & Con.cases             -3-\n<\/p>\n
    instructions to keep close watch of sensitive areas<\/p>\n
    including polling stations and other areas which they<\/p>\n
    deem fit.     They have been provided with vehicles and<\/p>\n
    mobile phones to exercise their duties.\n<\/p><\/blockquote>\n
    7. It is reported that 3218 polling stations in the State are<\/p>\n
    situated in politically sensitive areas.     The district wise<\/p>\n
    number of polling stations identified as sensitive is given<\/p>\n
    below.\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
       Name of District             Number of              Number\n                                      polling                of\n                                     stations              polling\n                                   identified as           stations\n                                     sensitive            identified\n                                                             as\n                                                          vulnerab\n                                                              le\n\n    Thiruvananthapuram                       118<\/span>\n\n    Kollam\n                                   89<\/span>\n\n\n    Pathanamthitta                            60<\/span>\n\n    Alappuzha                                233<\/span>\n\n    Kottayam                                  52<\/span>\n\n    Idukki\n                                   Nil\n\n    Ernakulam                                442<\/span>\n\n    Thrissur                                  31<\/span>\n\n    Palakkad                                  80                  42<\/span>\n\n    Malappuram                                58<\/span>\n\n    Kozhikode                                396<\/span>\n\n    Kannur                                 1345                   84<\/span>\n\n    Wayanad                                   49<\/span>\n\n    Kasaragod                                265<\/span>\n\n\n<\/pre>\n
            126 polling stations are identified as vulnerable.<\/p>\n<\/blockquote>\n
W.P.C.31830 & Con.cases             -4-<\/p>\n
In Idukki there is no polling station identified as sensitive. In<\/p>\n
all other districts there are number of polling stations which<\/p>\n
are identified as sensitive.     1345 polling stations in Kannur<\/p>\n
District are identified as sensitive      and this is the largest<\/p>\n
number of sensitive polling stations in the State followed by<\/p>\n
Ernakulam at 442 and Kozhikode at 3rd position with 396<\/p>\n
polling stations.\n<\/p>\n
     “8. Sufficient police forces have been deployed in these<\/p>\n
     sensitive areas to meet law and order problems. Special<\/p>\n
     care and attention have already been taken by the Police<\/p>\n
     in these sensitive areas to provide adequate security<\/p>\n
     measures to the electorate and the polling officials for the<\/p>\n
     smooth conduct of election in a peaceful atmosphere.<\/p>\n<\/blockquote>\n
     9. All the police forces including Local Police, Armed<\/p>\n
     Battalion, District Armed Force, Crime Branch, Special<\/p>\n
     Branch, Vanitha Police etc. are being deployed throughout<\/p>\n
     the State for the election purpose. Apart from the above<\/p>\n
     police  forces,   Excise,  Forest   and   Motor    Vehicles<\/p>\n
     Department employees are also being deployed for the<\/p>\n
     election to maintain law and order. 15000 Special Police<\/p>\n
     are being appointed to ensure free and fair election.<\/p>\n
     Moreover, seven company of police force from Karnataka<\/p>\n
     are also being deployed in the State for election purpose.<\/p>\n
     Further, police force from Tamil Nadu is also requested for<\/p>\n
     being deployed to maintain law and order during election.<\/p><\/blockquote>\n
     10.   Polling stations are conveniently categorized into<\/p>\n
W.P.C.31830 & Con.cases            -5-\n<\/p>\n
    different groups according to its proximity between each<\/p>\n
    other. Mobile Group Patrol and Law and Order Patrol with<\/p>\n
    wireless sets and mobile phone facilities are also been<\/p>\n
    arranged to get in touch with each polling stations and to<\/p>\n
    evaluate the peaceful state of affairs in each polling<\/p>\n
    stations. Video cameras are also arranged in sensitive<\/p>\n
    and     vulnerable  booths     to   guarantee      unruffled<\/p>\n
    environment throughout the election process.<\/p>\n<\/blockquote>\n
    11. Striking forces are also deployed in all Districts under<\/p>\n
    Superintendent of Police, Dy.SPs. and Circle Inspectors<\/p>\n
    with about 9 units to meet any untoward contingencies<\/p>\n
    during the election period. Hotlines are provided with the<\/p>\n
    Police        head        quarters-Secretariat-Intelligence<\/p>\n
    headquarters-Superintendent     of  Police   office   of  all<\/p>\n
    Districts for instant communications, instructions and<\/p>\n
    directions.\n<\/p><\/blockquote>\n
    12. Strict instructions have been given to the police<\/p>\n
    officials to take stringent and instantaneous action in<\/p>\n
    accordance    with   law   to   prevent    bogus     voting,<\/p>\n
    impersonation, booth capturing and other electoral<\/p>\n
    offences. Any attempt to traverse the tranquility in order<\/p>\n
    to take advantage from countermanding election or any<\/p>\n
    attempt to interfere with the smooth process of election<\/p>\n
    will be dealt with seriously. Appropriate and immediate<\/p>\n
    remedial action will be taken in accordance with law to<\/p>\n
    defeat such despicable situations.<\/p><\/blockquote>\n
    13.    Control Rooms and Help Lines equipped with all<\/p>\n
    arrangements are made available in all districts to control<\/p>\n
    the interaction between each of the groups and to make<\/p>\n
W.P.C.31830 & Con.cases              -6-\n<\/p>\n
    available their service at the spot in time whenever it<\/p>\n
    becomes necessary. The mobile phone numbers of police<\/p>\n
    officers who are in charge of maintaining law and order<\/p>\n
    are being circulated among the public by publishing in<\/p>\n
    daily newspapers.\n<\/p><\/blockquote>\n
    14. Orders have been issued prohibiting and restricting<\/p>\n
    carrying of fire arms and lethal weapons till the election<\/p>\n
    process is over.      Thorough checking of vehicles are<\/p>\n
    directed to be done for 3 days before the day of poll, on<\/p>\n
    poll day and till the completion of counting of votes to<\/p>\n
    ensure that no undesirable elements or arms and<\/p>\n
    ammunitions are smuggled into the constituency from<\/p>\n
    outside.     Directions are also issued not to allow<\/p>\n
    cars\/vehicles to move in convoys of more than 3 vehicles.<\/p>\n
    Directions have also been issued by the Commission to all<\/p>\n
    District Collectors and the Director General of Police to<\/p>\n
    prevent any corrupt practices or electoral offences being<\/p>\n
    committed at elections.\n<\/p><\/blockquote>\n
    15. Thus every step is being taken by the Commission<\/p>\n
    with the assistance of the State machinery and police to<\/p>\n
    ensure a free and fair election.       The police have been<\/p>\n
    instructed to provide adequate protection to voters,<\/p>\n
    polling agents of all political parties and candidates and to<\/p>\n
    assist the election machinery to ensure fair and free poll.<\/p>\n
    The senior police officials of the State have assured to the<\/p>\n
    Commission all assistance and help of the police force to<\/p>\n
    ensure   a   smooth,     free   and    fair election.    The<\/p>\n
    arrangements are also reviewed each day with the<\/p>\n
    assistance of the police.\n<\/p><\/blockquote>\n
W.P.C.31830 & Con.cases               -7-\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
                It is also stated in para 16 as follows:\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
     16. The State Election Commission does not object to<\/p>\n
     any direction being issued by this Hon’ble Court to the<\/p>\n
     police to ensure a free and fair poll.         However, it is<\/p>\n
     respectfully submitted that any direction that may be<\/p>\n
     issued by this Hon’ble Court at this stage with regard to<\/p>\n
     the arrangements to be made at any polling stations may<\/p>\n
     lead to total confusion in the arrangements now made by<\/p>\n
     the State Election Commission for the conduct of elections<\/p>\n
     to Local Self Government Institutions in Kerala.”<\/p>\n<\/blockquote>\n
             4.      We heard the learned counsel for the<\/p>\n
petitioners, learned Government Pleader and the learned<\/p>\n
Standing counsel appearing on behalf of the Election<\/p>\n
Commission and learned counsel for the party respondents<\/p>\n
appearing.     Learned counsel for the petitioners reiterated the<\/p>\n
apprehensions of        the petitioners.   Learned counsel for the<\/p>\n
petitioners lead by         Sri. M.Ramesh Chander would contend<\/p>\n
that there is no rational basis for the categorization of the<\/p>\n
polling stations as sensitive and vulnerable. In other words,<\/p>\n
according to them several polling stations which ought to have<\/p>\n
been classified as sensitive and vulnerable had not been done<\/p>\n
 W.P.C.31830 & Con.cases         -8-\n<\/p><\/blockquote>\n
so and the norms on the basis of which the polling stations<\/p>\n
have been classified as sensitive and vulnerable are not<\/p>\n
discernible. No materials are there on record apart from the<\/p>\n
statement of the Commission which we have already adverted<\/p>\n
to. It is submitted by the learned counsel appearing in the<\/p>\n
other cases that there is     genuine apprehension that the<\/p>\n
electoral process would be      sabotaged.     There is also a<\/p>\n
complaint that     impersonators will be allowed to vote and<\/p>\n
the candidates and their agents will not be allowed to carry<\/p>\n
out their work. It is the further complaint that the voters will<\/p>\n
not be allowed to freely exercise their franchise.<\/p>\n
            5. Per contra, the learned standing counsel for the<\/p>\n
Commission would submit that it is not correct to say that<\/p>\n
there is no rational basis.    There are elaborate processes<\/p>\n
involved. He reiterates that    there are 21612 constituencies<\/p>\n
in the State of Kerala in the forth coming      election. There<\/p>\n
are 37233 polling stations situated in 22061 buildings. The<\/p>\n
Election Commission is     constituted under the provisions of<\/p>\n
Article 243 K of         the Constitution.    He would submit<\/p>\n
that the Commission is appointing observers in all the<\/p>\n
 W.P.C.31830 & Con.cases             -9-\n<\/p>\n
districts . The observers will be senior Administrative officers<\/p>\n
in all the districts. He would point out Rule 31 of the Kerala<\/p>\n
Panchayat Raj (Conduct of Election ) Rules, 1995. It reads as<\/p>\n
follows:\n<\/p>\n
     “31.Identification of electors:–(1)            The    Presiding<\/p>\n
     Officer may employ at the polling station such person as<\/p>\n
     he thinks fit to help in the identification of the electors or<\/p>\n
     to assist him otherwise in taking the poll.<\/p>\n
     (2) As each elector enters the polling station, the Presiding<\/p>\n
     Officer or the Polling Officer authorised by him in this<\/p>\n
     behalf shall check the elector’s name and other particulars<\/p>\n
     with the relevant entry in the electoral roll and then call<\/p>\n
     out the serial number, name and other particulars of the<\/p>\n
     elector.\n<\/p><\/blockquote>\n
     (3). In deciding the right of a person to obtain a ballot<\/p>\n
     paper the Presiding Officer or the Polling Officer, as the<\/p>\n
     case may be, shall overlook merely clerical or printing<\/p>\n
     errors in an entry in the electoral roll, if he is satisfied that<\/p>\n
     such person is identical with the elector to whom such<\/p>\n
     entry relates.\n<\/p><\/blockquote>\n
     (4).  Each elector shall produce either the identity card<\/p>\n
     issued by the Central Election Commission or Revenue<\/p>\n
     Card or Ration Card or Passport or Driving Licence or Pass<\/p>\n
     Book obtained from Bank or Post Office, if demanded by<\/p>\n
     the Presiding Officer or the Polling Officer authorised by<\/p>\n
     him in this behalf.”\n<\/p><\/blockquote>\n
W.P.C.31830 & Con.cases            -10-<\/p>\n
            6. He would point out that under Rule 32 it is<\/p>\n
open to any polling agent to challenge the identify of person.<\/p>\n
Rule 33 also deals with safeguards against personation. He<\/p>\n
also brought to our notice a Bench decision of this Court a<\/p>\n
public interest litigation   (W.P.(C) No.1080\/2010).           Therein<\/p>\n
this Court also relied on the provisions of Rule 31 and repelled<\/p>\n
the contentions of the petitioner therein for interference by<\/p>\n
the Court. The Court took the view that it is a matter which<\/p>\n
should engage the attention of the legislative body.<\/p>\n
            7. Learned standing counsel also brought to our<\/p>\n
notice Section 48A of the Kerala Panchayat Raj Act, 1994. It<\/p>\n
reads as follows.\n<\/p>\n
    “48A. Returning officer, Presiding Officer etc. be<\/p>\n
    deemed to be on deputation to the Election<\/p>\n
    Commission.–The      Returning    officer,  the    Assistant<\/p>\n
    Returning Officer, the Presiding Officer, the Polling Officer,<\/p>\n
    any other Officer and any Police Officer designated for the<\/p>\n
    time being to conduct a general election or by-election<\/p>\n
    under the provisions of this Act shall be deemed to be on<\/p>\n
    deputation to the State Election Commission for the<\/p>\n
    period from the date of the notification for such election to<\/p>\n
    the date of declaration of the result of such election and<\/p>\n
    accordingly, such officer shall be subject to the control,<\/p>\n
 W.P.C.31830 & Con.cases          -11-\n<\/p><\/blockquote>\n
     supervision  and   command     of the  State  Election<\/p>\n
     Commission during that period.”<\/p><\/blockquote>\n<\/blockquote>\n
\n<\/blockquote>\n
             8.   According to him the decision to categorise<\/p>\n
polling stations as sensitive or vulnerable is based on<\/p>\n
intelligence input by police officers. He fairly contends that<\/p>\n
those who sent reports may not by themselves be covered by<\/p>\n
Sec.48A. He, however, pointed out that these reports are<\/p>\n
sent by Superintendent of Police who are coming under the<\/p>\n
purview of Sec.48A.<\/p><\/blockquote>\n
              9. Learned Government Pleader who was asked<\/p>\n
to get instructions in regard to the criteria and the basis of<\/p>\n
classification of booths as sensitive or vulnerable as the case<\/p>\n
may be are concerned, would submit before us that the<\/p>\n
categorization is done on the basis of certain criteria. They<\/p>\n
include prevailing law and order situation in the area,<\/p>\n
anticipated law and order problems and issues and disputes in<\/p>\n
a particular area. Sensitive or vulnerable areas are assessed<\/p>\n
by the District Special Branch and State Intelligence Wing.<\/p>\n
The Electoral Incidents reported during the past elections are<\/p>\n
taken into consideration. Learned Government Pleader would<\/p>\n
 W.P.C.31830 & Con.cases           -12-\n<\/p>\n
submit further as follows: That police is deployed in scheme<\/p>\n
for the conduct of polling based on the above criteria. That<\/p>\n
additional police will be deployed in sensitive and vulnerable<\/p>\n
areas.    He would further submit that as stated in the<\/p>\n
statement of the Commission 7 companies of police from the<\/p>\n
Karnataka State have been requested and they have been<\/p>\n
allotted to the State. Out of the 7 companies 3 have been<\/p>\n
allotted to Kannur district, one company is allotted to<\/p>\n
Kasargode and 3 are kept as reserve to be used on the basis<\/p>\n
of fresh intelligence inputs.      Learned Government Pleader<\/p>\n
would further submit that there would be general law and<\/p>\n
order patrolling in all the constituencies from the day on which<\/p>\n
election campaign ends.       It is further submitted that all<\/p>\n
directions given by the electoral officers will be complied in<\/p>\n
letter and spirit.\n<\/p>\n
            10. Learned standing counsel for the Commission<\/p>\n
also on enquiries made by us            made available certain<\/p>\n
judgments of this Court rendered in the context of previous<\/p>\n
election . In W.P.(C) 27324\/2005 and connected cases, we<\/p>\n
notice that a Division Bench of this Court was considering<\/p>\n
 W.P.C.31830 & Con.cases         -13-\n<\/p>\n
almost similar contentions. Learned standing counsel would<\/p>\n
point out that there were almost 30 writ petitions filed during<\/p>\n
the last election.     We notice that after referring to the<\/p>\n
submissions the Court specifically directed that if    requests<\/p>\n
come from the candidates that there is personal threat that<\/p>\n
should be promptly attended to.\n<\/p>\n
            11. In W.P.C. 27285\/2005 after referring to the<\/p>\n
undertakings of the Government and the Commission the<\/p>\n
Court directed the State to ensure that the undertakings will<\/p>\n
be honoured so as to ensure the election process is smoothly<\/p>\n
carried out.   Taking note of the anxiety expressed by the<\/p>\n
petitioners the Court directed that the vigilance as stated<\/p>\n
therein should be continued at least up to the time of<\/p>\n
declaration of the results.\n<\/p>\n
            12. In the Constitutional scheme, the local bodies<\/p>\n
play a pivotal role. The elections therefore to the local bodies<\/p>\n
must be conducted in the most free and transparent manner.<\/p>\n
The local bodies under decentralization of power contemplated<\/p>\n
under the Constitution are the closest to the people and there<\/p>\n
is     much    devolution  of   the  power    to  the    chosen<\/p>\n
 W.P.C.31830 & Con.cases           -14-\n<\/p>\n
representatives of these bodies. Therefore , the importance<\/p>\n
of holding election in a free and fair manner to the           local<\/p>\n
bodies cannot be over emphasised. It is the bounden duty of<\/p>\n
the Commission and its officers to make every sincere effort<\/p>\n
adopting a totally neutral stand and upholding the laws of the<\/p>\n
land to conduct elections to the local bodies. It is equally the<\/p>\n
duty of the officers of the State, in particular the police officers<\/p>\n
that they are quick to respond to the demand in particular of<\/p>\n
the officers of the Commission in a fair manner so that people<\/p>\n
have continued faith in the democratic process and the voters<\/p>\n
in large numbers are persuaded             to participate in the<\/p>\n
democratic processes. It is in the context of these dimensions<\/p>\n
that that we must approach the issues raised in these writ<\/p>\n
petitions.\n<\/p>\n
            13. Essentially the prayers in the writ petition are<\/p>\n
for police protection.      We have already extracted the<\/p>\n
statement in its essential particulars in the judgment.         The<\/p>\n
undertakings which have been given by the Commission in<\/p>\n
the statement shall be honored in letter and spirit. If threat to<\/p>\n
the lives of the candidates or their agents have been brought<\/p>\n
 W.P.C.31830 & Con.cases          -15-\n<\/p>\n
to the notice of the respondent police officers, they shall<\/p>\n
ensure that the lives of the candidates and their agents are<\/p>\n
protected, if threats are found to be genuine. As far as the<\/p>\n
question relating to the protection to voters is concerned, we<\/p>\n
emphasise the statement made by the Commission namely<\/p>\n
that the police have been instructed to provide adequate<\/p>\n
protection to the voters      of all political parties.  We have<\/p>\n
already extracted the submission of the learned Government<\/p>\n
Pleader that the police will abide by the directions of the<\/p>\n
electoral officers. Reading both these together we feel that it<\/p>\n
becomes the duty of the police to give adequate protection to<\/p>\n
the voters so that they may exercise their franchise in a free<\/p>\n
and fair manner.       We also record the submission of the<\/p>\n
learned counsel for the Commission that Rules 31 to 33 do<\/p>\n
provide for a mechanism to deal with impersonation and that<\/p>\n
the said Rules will be strictly enforced. As far as the question<\/p>\n
of allowing videography is concerned in some of these cases<\/p>\n
petitioners have made request for allowing videogrpahy in<\/p>\n
view of the apprehensions of the petitioners.        In those writ<\/p>\n
petitions relating to sensitive and vulnerable polling stations,<\/p>\n
 W.P.C.31830 & Con.cases         -16-\n<\/p>\n
necessarily videography shall be done in terms of what is<\/p>\n
stated in the statement which has been filed by the<\/p>\n
Commission. As far as polling stations which have not        been<\/p>\n
identified as sensitive or vulnerable, in view of the<\/p>\n
apprehension of the petitioners, where requests have already<\/p>\n
been made by the petitioners to the District Collector of the<\/p>\n
District where specific requests have been received for<\/p>\n
videographing the electoral process, he will look into it and<\/p>\n
take appropriate decision on the same. When such a decision<\/p>\n
is taken the District Collector will bear in mind also the<\/p>\n
decision of the Apex Court in Janak Singh v. Ram Das Rai &<\/p>\n
Others<\/a> (2005 (2) SCC 1).         In cases where the District<\/p>\n
Collector finds merit and allows videography, the expenses for<\/p>\n
doing videography shall be borne by the petitioners.         It is<\/p>\n
open to the District Collector to take decision taking into<\/p>\n
account all the relevant inputs in the facts of each case. In<\/p>\n
cases where requests have not been made by the petitioners<\/p>\n
before the District Collector as such it will be open to the<\/p>\n
petitioners to approach the District Collector without any delay<\/p>\n
and if such a request is received it is for the District Collector<\/p>\n
W.P.C.31830 & Con.cases         -17-\n<\/p>\n
to take a decision on the same in accordance with law.<\/p>\n
           The writ petitions are disposed of recording the<\/p>\n
submissions on behalf of the Commission and also the learned<\/p>\n
Government Pleader and with the directions which we have<\/p>\n
given in the judgment.\n<\/p>\n<\/p>\n
                                                (K.M.JOSEPH)
\n                                                      JUDGE.\n<\/p>\n
                                             (M.C.HARI RANI)
\n                                                      JUDGE.\n<\/p>\n
MS<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Shalini.M. vs State Election Commission on 19 October, 2010 IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 31830 of 2010(C) 1. SHALINI.M., AGED 23 YEARS, … Petitioner Vs 1. STATE ELECTION COMMISSION, KERALA, … Respondent 2. THE DISTRICT COLLECTOR\/DISTRICT ELECTION 3. THE SUPERINTENDENT OF POLICE, 4. THE DEPUTY SUPERINTENDENT OF POLICE, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-160063","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nShalini.M. vs State Election Commission on 19 October, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shalini-m-vs-state-election-commission-on-19-october-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shalini.M. vs State Election Commission on 19 October, 2010 - 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