Kerala High Court
Adv. K. Praveen Kumar vs The Election Commission Of India on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15968 OF 2024
PETITIONER:
ADV. K. PRAVEEN KUMAR
AGED 51 YEARS
S/O KESHAVAN NAIR, PARAKKAL HOUSE, KEEZHARIYUR,
NADUVATHUR, QUILANDY, KOZHIKODE DISTRICT; CHIEF
ELECTION AGENT TO 03, VADAKARA, INDIAN NATIONAL
CONGRESS CANDIDATE SHRI SHAFI PARAMBIL, PIN - 673620
BY ADVS.
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
SIDHARTH.R.WARIYAR
GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI, PIN - 110001
2 CHIEF ELECTORAL OFFICER, KERALA
ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS
BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033
3 THE DISTRICT COLLECTOR/DISTRICT ELECTION OFFICER
COLLECTORATE, THAVAKKARA, KANNUR, PIN - 670002
4 THE DISTRICT COLLECTOR/DISTRICT ELECTION OFFICER
COLLECTORATE, CIVIL STATION P.O.,
KOZHIKODE, PIN - 673020
BY ADV DEEPU LAL MOHAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15968 OF 2024
2
JUDGMENT
This writ petition has been filed seeking the following prayers:
"i) Issue a writ of mandamus directing respondents 1 &
2 to deploy central forces under the control of a Central Commandant for the security in 1186 polling booths in Vadakara Parliament Constituency on the date of election to ensure a free and fair election;
ii) Issue a writ of mandamus directing respondents 1 & 2 to video record the entire polling process in 1186 booths in Vadakara Parliament Constituency specifically recording the identity of all the voters without compromising the secrecy of voting and also following the stipulations specified in Exhibit P2 to ensure a free and fair election.
iii) Issue a writ declaring that respondents 1 & 2 are duty bound to ensure a free and fair election to provide sufficient safety and security to the voters and polling agents without them being prevented or obstructed by external agencies;
iv) Dispense with the filing of translation of vernacular documents."
2. Heard Sri.George Poonthottam - learned Senior Counsel appearing for the petitioner and Sri.Deepu Lal Mohan - learned Standing Counsel for the Election Commission.
3. The learned Standing Counsel for the Election Commission has filed a statement on 18.04.2024. Paragraphs 6 and 7 of the statement is as follows:
WP(C) NO. 15968 OF 2024 3 "6. Thus, the Election Commission of India has taken all steps for the conduct of a free and fair election in all the Parliamentary Constituencies in India including the constituency referred to in the Writ Petition.
7. Besides, as part of security measures, arrangements have been made for 100% webcasting coverage for the ensuing election in Kasargode, Kannur, Kozhikode, Wayanad, Malappuram, Palakkad, Thrissur and Thiruvananthapuram."
4. Further, the learned Standing Counsel, on the basis of the communication dated 18.04.2024, which is handed over to me in the open court, submits that Posting of Micro-observers, web casting and deployment of Central Armed Police Forces will be arranged as follows:
Posting of Micro-observers Micro observers (not below Group-C officer of Central government) will be posted at all 264 Critical Polling Stations. The deployment would be done based on critical polling station locations.
Web Casting Vadakara HPC comprises of 1201 Polling Station including auxiliary polling stations. All the Polling station(100%) irrespective of criticality will be webcasted centrally. The webcasting will be monitored at the District Election officer level. The decision of 100% webcasting was taken by the Chief Election Officer, before petition being filed.
Deployment of Central Armed Police Forces WP(C) NO. 15968 OF 2024 4 The assessment done for the security during the poll and pre-poll day comprises of requirement of 7 CAPF companies which will be used for various activities such as Area domination, Static surveillance ete during pre-poll. The CAPF will be used for deployment during poll day as well, to ensure that polling is conducted securely and impartially.
5. The learned Standing Counsel submits that all safety measures have been taken to ensure a free and fair election and also steps are being taken by deploying security personnel to see that elections are conducted in a proper manner.
6. On the basis of the statement filed as well as the communication dated 18.04.2024, I am of the opinion that the writ petition can be disposed of recording the said submission and statements.
Accordingly, the writ petition is disposed of recording the statement dated 18.04.2024, the communication dated 18.04.2024 and the undertaking of the learned Standing Counsel that they will strictly follow the aforesaid arrangements, while conducting the election scheduled to be held on 26.04.2024.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE rp WP(C) NO. 15968 OF 2024 5 APPENDIX OF WP(C) 15968/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LIST OF HYPERSENSITIVE AND SENSITIVE BOOTHS IN THE VARIOUS ASSEMBLY CONSTITUENCIES IN THE VADAKARA LOK SABHA CONSTITUENCY.
Exhibit P2 TRUE COPY OF THE COMMUNICATION NO. 447/2007-PLN/IV DATED 17.1.2007 ISSUED BY THE ELECTION COMMISSION.
Exhibit P3 TRUE COPY OF THE FIR NO. 273/2024 OF THE PANOOR POLICE STATION DATED 05.04.2024.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 11.4.2024 SUBMITTED BY THE CANDIDATE SHAFI PARAMBIL.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 13.4.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS ALONG WITH THE SCREEN SHOT OF THE E-MAIL COMMUNICATION DATED 13.04.2024 EVIDENCING RECEIPT OF THE SAME BY THE 1ST RESPONDENT.