IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(C) NO. 15845 OF 2022
PETITIONER:
M.P.MAMMOOTTY, AGED 71 YEARS,
PATTARKANDY HOUSE, S/O.IBRAHIM,
NEERVELI P.O., KANNUR, KERALA-670 701.
BY ADVS.
V.S.CHANDRASEKHARAN
M.V.DAS
LEKSHMI SWAMINATHAN
S.JAYAKUMAR
C.A.SABITHA
SAJNA T.UMMER
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE CHIEF ELECTION COMMISSIONER,
OFFICE OF THE ELECTION COMMISSION OF KERALA,
TRIVANDRUM-695 001.
3 DISTRICT COLLECTOR, KANNUR DISTRICT,
KANNUR-670 001.
4 THE DISTRICT POLICE COMMISSIONER,
KANNUR-670 001.
5 RETURNING OFFICER, MAANGATTIDAM GRAMA PANCHAYATH,
KANNUR DISTRICT-670 701.
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA.
R1,R3 & R4 BY SMT.PARVATHY KOTTOL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.15978 of 2022 2
T.R.RAVI, J.
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W.P(C) No.15845 of 2022
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Dated this the 13th day of May, 2022.
JUDGMENT
The petitioner has approached this Court apprehending that the bye-election to Ward No.5 of Maangattidam Grama Panchayath in Kannur Distirct, which is to be held on 17-05-2022, will be affected by large scale violence, booth capturing, impersonisation, etc. The prayer is to identify those booths as hyper sensitive and to take necessary precautionary measures like fixing C.C.T.V Camera etc.
2. The Standing Counsel for the second respondent has filed a statement on behalf of respondents 2 to 5, wherein it is stated that the steps have already been taken and permission has been granted for having videography in the said polling booths and directions have also been issued to the police for taking necessary precautionary measures to avoid any untoward incidents.
In the above circumstances, the statement filed on behalf of respondents 2 to 5 is recorded and the writ petition is closed.
Sd/-
T.R.RAVI, JUDGE
amk
W.P(C) No.15978 of 2022 3
APPENDIX
PETITIONER's EXHIBITS :
Exhibit P1 TRUE COPY OF THE ELECTION SCHEDULE
ISSUED BY THE KERALA STATE ELECTION COMMISSION IN RESPECT OF BYE ELECTION. Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE RETURNING OFFICER TO THE PETITIONER.
Exhibit P3 & P3(a) TRUE COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE THE ASSISTANT POLICE COMMISSIONER AND RECEIPT ISSUED BY THE KOOTHUPARAMBA POLICE STATION.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.7501/2011.
RESPONDENTS' ANNEXURES :
ANNEXURE R2(a) : THE PHOTOCOPY OF LETTER NO.B1 54571-2022-SEC(1) DATED 18-04-2022 ISSUED BY THE STATE ELECTION COMMISSION ADDRESSED TO THE STATE POLICE CHIEF, KERALA.
ANNEXURE R2(b) : THE PHOTOCOPY OF LETTER NO.B2/62/2021-SEC DATED 11-05-2022 ISSUED BY THE STATE ELECTION COMMISSION TO THE DISTRICT ELECTION OFFICER, KANNUR.
ANNEXURE R2(c) : THE PHOTOCOPY OF THE PROCEEDINGS NO.B1/5457/2022/SEC DATED 6-5-2022 ISSUED BY THE STATE ELECTION COMMISSION.
ANNEXURE R2(d) : THE PHOTOCOPY OF JUDGMENT DATED 6-8-2021 OF THIS HON'BLE COURT IN WP(C) NO.15831/2021