Kerala High Court
N.Sunil vs The Election Commission Of India on 30 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
WP(C).No.8316 OF 2021(L)
PETITIONER:
N.SUNIL,
AGED 59 YEARS
S/O. BALAKRISHNAN NAIR M.T., NAVAJYOTH P.O.,
NELLIKODE, CALICUT 673 016.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
SMT.DONA PAUL
RESPONDENT/S:
1 THE ELECTION COMMISSION OF INDIA
REPRESENTED BY ITS SECRETARY, NIRVACHAN SADAN, ASOKA
ROAD, NEW DELHI 623 902.
2 THE CHIEF ELECTION OFFICER,
VIKAS BHAVAN, LEGISLATIVE COMPLEX
THIRUVANANTHAPURAM 695 033.
3 THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT ELECTION OFFICER,
CIVIL STATION, KOZHIKODE 673 020.
4 THE RETURNING OFFICER CUM DEPUTY COLLECTOR, (LA),
BALUSSERI ASSEMBLY CONSTITUENCY, COLLECOTRAET,
KOZHIKODE 673 020.
SMT.VINITHA.B, GP,
SRI.DEEPULAL MOHAN,SC,ELECTION COMMISSION OF INDIA,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8316 OF 2021(L) 2
JUDGMENT
The petitioner, who is a Development Officer in Life Insurance
Corporation branch No.3 Kozhikode, has filed this Writ Petition
challenging Ext.P1 order by which he is appointed as a Polling Officer
in Balusseri Assembly Constituency for the election scheduled to be
held on 06.04.2021, seeking a direction to the respondents to give
him exemption from election duty. According to the petitioner, he is
an acute cardiac patient and had undergone angioplasty, based on
which Ext.P2 discharge summary was issued on 18.07.2013. He has
produced Ext.P3 medical certificate obtained from a private hospital on
24.03.2021. According to him, he is advised to avoid stressful
activities and crowded environment. He stated that on Receipt of
Ext.P1 order dated 22.03.2021, he submitted Ext.P4 representation
before the 3rd respondent requesting for exempting him from the
election duty.
2. The learned Government Pleader on instructions submits
that the District Election Officer had provided an opportunity to all the
officers being deputed for election duty, to submit representation if
any, on medical grounds for the purpose of exemption before
15.03.2021 and a committee consisting of the District Medical Officer,
the District Law Officer and the Additional District Magistrate had
considered all the requests which were received. The committee had
considered the same on 17.03.2021. According to the learned
Government Pleader, the petitioner has not availed the said
opportunity. The learned Government Pleader points that ailment of
the petitioner relates to the year 2013 and the petitioner is an officer
who had been working regularly since then.
3. The counsel for the petitioner submits that Ext.P1 is the
first order he received and the organization which represent him has
taken up a matter before the 3rd respondent.
The aforesaid circumstances, this Court cannot interfere with
Ext.P1 at this stage as the same will stand in the way of the smooth
conduct of the process of election. Hence the Writ Petition is
dismissed. This will not stand in the way of passing orders on the
representation stated to have been submitted by the organization to
which petitioner belongs.
Sd/-
(P.V.ASHA, JUDGE)
rps/
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER OF APPOINTMENT OF
THE 3RD RESPONDENT TO THE PETITIONER DATED
22.03.2021.
EXHIBIT P2 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE
PETITIONER ISSUED BY ASTER MIMS HOSPITAL,
KOZHIKODE.
EXHIBIT P3 A TRUE COPY OF THE MEDICAL CERTIFICATES
ISSUED BY DR. MIDHUN DATED 24.03.2021.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER TO THE 3RD RESPONDENT DATED
23.03.2021.
PETITIONER'S/S EXHIBITS:nil
//true copy// pa to judge
