K.M Shajahan vs The Election Commission Of India
2021 Latest Caselaw 13289 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943

                         WP(C) NO. 8689 OF 2021

PETITIONER/S:

           K.M SHAJAHAN
           AGED 59 YEARS
           S/O. LATE K.M.MUHAMMED ALI, RESIDING AT BHAVANA, TC 96/2256,
           MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.
           BY ADV PRAVEEN K. JOY


RESPONDENT/S:

     1     THE ELECTION COMMISSION OF INDIA
           NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001,
           REPRESENTED BY ITS SECRETARY.
     2     THE CHIEF ELECTORAL OFFICER,
           KERALA, ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX,
           VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.
           BY ADV SHRI.DEEPU LAL MOHAN, SC, ELECTION COMMISSION OF
           INDIA


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. 8689/2021                         :2:



                Dated this the 24th day of June, 2021.

                                   JUDGMENT

S. MANIKUMAR,CJ.

The petitioner has filed this writ petition seeking the following

reliefs:

1. Issue a writ in the nature of mandamus directing the 2 nd respondent to issue appropriate orders or directions prohibiting the Malayalam visual media from publishing the pre-poll results of the election to the Kerala Legislative Assembly, as the polling in real sense has commenced from 28.03.2021.

2. Issue a writ, order or direction in the nature of mandamus directing the respondent to issue orders or guidelines to restrict the publication of print, electronic and other means of publication, which restrict the publication of the pre-polled results, in the interest of justice.

3. Issue a writ declaring that there is inaction by the 2 nd respondent in exercising the power by issuing orders as enjoyed by him on bringing to the notice of the 2nd respondent through Ext. P3.

Elections to the State Assembly were already over and results

declared. As on today, there is no immediate requirement for

considering the reliefs sought for and therefore, we are not inclined to

entertain this writ petition.

Accordingly, this writ petition is dismissed. All the issues of law

are left open.

                            sd/-    S. MANIKUMAR, CHIEF JUSTICE.


                                   sd/-   SHAJI P. CHALY, JUDGE.
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                         APPENDIX

PETITIONER'S EXHIBITS:
EXHIBIT P1               TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.

(RT) NO.85/2021/ELEC. DATED 11.2.2021. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO.52/2021/SDR/VOL.I DATED 27.2.2021 ISSUED BY THE 1ST RESPONDENT AND PUBLISHED IN THE KERALA GAZETTE DATED 1.3.2021.

EXHIBIT P3 TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER BEFORE THE CHIEF ELECTORAL OFFICER, KERALA.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

P.S to Judge.

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