Anand Joseph vs Ernakulam
2021 Latest Caselaw 13258 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                 WP(C) NO. 12424 OF 2021
PETITIONER/S:

         ANAND JOSEPH
         AGED 43 YEARS
         OLATTUPURATH HOUSE, DOOR NO. 32-10543,
         NAROTH ROAD, THAMMANAM PO, KOCHI 682032

         BY ADVS.
         T.T.SHANIBA
         G.HARIHARAN



RESPONDENTS:

   1     THE DISTRICT COLLECTOR,
         CIVIL STATION, ERNAKULAM 682030

   2     THE INSPECTOR GENERAL OF POLICE AND COMMISSIONER
         OF POLICE
         REVENUE TOWER, PARK AVENUE, ERNAKULAM - 682001

   3     THE ADDITIONAL DIRECTOR GENERAL OF POLICE
         (HEADQUARTERS)
         EX - OFFICIO PRESIDENT, KERALA STATE RIFLE
         ASSOCIATION,
         HAVING OFFICE AT THE OFFICE OF INSPECTOR GENERAL
         OF POLICE,
         POLICE HEADQUARTERS, VAZHUTHACAUD,
         THIRUVANANTHAPURAM 695010
 W.P.(C) No.12424 of 2021
                              2



     4     STATE OF KERALA
           REPRESENTED BY THE CHIEF SECRETARY
           DEPARTMENT OF DISASTER MANAGEMENT,
           MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-
           695001

     5     KERALA STATE RIFLE ASSOCIATION
           2ND FLOOR, MAIN ENTRY GATE, CHANDRASEKHARAN NAIR
           STADIUM,
           VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.
           REPRESENTED BY ITS SECRETARY

           BY ADV.SMT.VINITHA.B, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12424 of 2021
                                    3




                    W.P.(C) No.12424 of 2021
              -----------------------------------------------


                           JUDGMENT

The petitioner is a member of the Ernakulam District

Rifle Association. The election to the various offices of the

Kerala State Rifle Association is scheduled to take place on

26.6.2021. According to the petitioner, since voters from

thirteen districts have to participate in the election, it is highly

improper to conduct the election during this period of

pandemic, that too, on a lock down day. He, therefore, seeks

directions to the respondents concerned to refrain from

conducting the election as scheduled.

2. The learned Senior Government Pleader does not

dispute the fact that the date fixed for election is a lock down W.P.(C) No.12424 of 2021

day. He, however, points out that having regard to the said

fact, the election is postponed to 28.6.2021 and a fresh notice

is issued for conducting the election on the said day. The

Government Pleader also pointed out that the election will be

conducted strictly following the Covid protocol.

3. The petitioner does not dispute the fact that

28.6.2021 is not a lock down day. The revised notice issued for

election dated 21.6.2021 is part of the records. It provides that

the following protocol will be observed for the election :

"1. In order to avoid crowding, time slots of 10 minutes will be issued to each district for submission of nominations.

2. Gathering of more than 4 persons will not be allowed at the venue.

3. In order to avoid crowding, initial briefing by the Returning Officer will be done by Video Conferencing between 10.30 and 10.45 am on 28.6.2021.

4. Final declaration of results also can be done through Video Conferencing by 5 to 5.30 pm."

W.P.(C) No.12424 of 2021

In the aforesaid circumstances, I am of the view that this court

will not be justified in interfering with the election process

referred to in the writ petition.

The writ petition, in the circumstances, is disposed

of directing the respondents concerned to ensure that the

election to the Kerala State Rifle Association is conducted

strictly adhering to the protocol mentioned in the election

notice dated 21.6.2021.

Sd/-

P.B.SURESH KUMAR JUDGE Mn