K.P.Saju vs Election Commissioner
2021 Latest Caselaw 10876 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

   WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943

                       WP(C).No.8629 OF 2021(C)


PETITIONERS:

               K.P.SAJU,
               AGED 53 YEARS
               (CHIEF ELECTION AGENT)
               S/O DAMODARAN,
               HARITHAM, KADAVATHUR,
               THRIPPANGOTTUR P.O.,
               KANNUR DISTRICT-670676

               BY ADVS.
               SRI.M.MUHAMMED SHAFI
               SMT.T.RASINI SHAFI
               SHRI.SADIQALI.M
               SHRI.MUHAMMED JANAISE V.

RESPONDENTS:

      1        ELECTION COMMISSIONER,
               NIRVACHAN SADAN,
               ASOKA ROAD,
               NEW DELHI - 110001,
               REP. BY ITS SECRETARY GENERAL.

      2        KERALA STATE ELECTION COMMISSION,
               JANAHITHAM TC-27/6(2),
               VIKAS BHAVAN P.O.,
               THIRUVANANTHAPURAM-695033,
               REP. BY ITS SECRETARY.

      3        THE STATE OF KERALA,
               REP. BY CHIEF SECRETARY,
               SECRETARIATE,
               THIRUVANANTHAPURAM - 695001

      4        THE DISTRICT COLLECTOR,
               (THE DISTRICT ELECTORAL OFFICER),
               DISTRICT COLLECTORATE, KANNUR,
               CIVIL STATION, KANNUR - 670002.

      5        RETURNING OFFICER,
               14 KUTHUPARAMBU ASSEMBLY CONSTITUENCY,
 WP(C).No.8629/2021(C)

                               2

             DISTRICT ECONOMICS AND STATISTICS OFFICE,
             KANNUR DISTRICT - 670002

      6      THE DISTRICT POLICE CHIEF,
             THALASSERY, KANNUR DITRICT - 670002

      7      MUNEER K.C.A
             AGED 50 YEARS,
             S/O K.C. YOUSUF,
             VALIYAPARAMBATH (H),
             KANNAMCODE, THUVAKUNNU P.O.,
             KANNUR DISTRICT - 670693

             BY ADV.SRI.KODOTH SREEDHARAN
             R1 BY ADV. SRI.DEEPU LAL MOHAN, SC
             BY SRI.K.V.SOHAN, STATE ATTORNEY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8629/2021(C)

                                        3




                               JUDGMENT

Dated this the 31st day of March, 2021

The petitioner, who is the Chief Election agent of

Mr.Pottankandy Abdulla, who is contesting as the candidate

of United Democratic Front (UDF) in 14 Kuthuparambu

Assembly Constituency in the forthcoming assembly

elections to be held on 06.04.2021, has approached this

Court seeking the following reliefs.

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents Nos. 2, 3 and 4 to arrange videography and web casting of the polling at the Polling Stations mentioned in Exts.P1 to P3 representations and in

Kuthuparambu Assembly Constituency in the forthcoming assembly election.

ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents Nos.1 to 6 to provide adequate and sufficient police protection to the polling agents of the petitioner to be deployed at the polling stations mentioned in Exhibits P1 to P3 representations dated 29-03-2021 and in polling stations Nos.67, 73 and 76 and for voters who gather for polling process therein on 06-04-2021.

WP(C).No.8629/2021(C)

iii) To declare that the polling stations in Kuthuparambu Assembly Constituency mentioned in Exhibits P1 to P3 representations dated 29.03.2021 and the polling stations Nos.67, 73 and 76 as the most sensitive polling booths in the forthcoming assembly election 2021."

2. When this writ petition came up for hearing today,

the learned Standing Counsel for the 1 st respondent on

instructions, submits that the Election Commission has

already taken a decision for web casting and videography in

those polling stations which are considered to be critical and

vulnerable. The learned Standing Counsel would further

submit that there are a large number of critical and

vulnerable polling stations in Kannur District. All the polling

stations in Kannur and Kasargod Districts are found to be

critical and vulnerable.

3. In view of the stand taken by the 1 st respondent

that web casting will be done in all critical and vulnerable

polling stations, no further order is required in that regard.

4. The learned counsel for the petitioner would

submit that unless sufficient police protection is arranged to WP(C).No.8629/2021(C)

the Polling Agents of the petitioner, there cannot be free and

fair Election in the Constituency. The learned Standing

Counsel would submit that taking into account the ground

realities existing in each of the polling stations, sufficient

police protection will be provided.

Recording the afore statements made on behalf

of the 1st respondent, the writ petition is disposed of.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.8629/2021(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 29.03.2021 AND ACKNOWLEDGED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 29-03-2021 AND ACKNOWLEDGED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE SCREEN SHOT DATED 29-

03-2021 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC.27022/2020