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
"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
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
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.
