Kerala High Court
E.S Jayakumar vs State Police Chief Kerala on 16 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 6035 OF 2024
PETITIONER:
E.S JAYAKUMAR, AGED 54 YEARS, S/O SREEDHARAN
EZHUTHUNGAL HOUSE, NADAKKAVU P.O UDAYAMPEROOR,
PIN - 682307
BY ADVS.SEBIN THOMAS
AMITH K.S
RESPONDENTS:
1 STATE POLICE CHIEF KERALA, POLICE HEADQUARTERS,
VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER OF POLICE, KOCHI CITY
COMMISSIONERATE, OFFICE PARK VIEW,
MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011
3 THE ASSISTANT COMMISSIONER OF POLICE,ERNAKULAM
OPPOSITE OLD RAILWAY STATION ROAD, NEAR HIGH COURT,
ERNAKULAM, PIN - 682018
4 THE STATION HOUSE OFFICER, UDAYAMPEROOR POLICE
STATION, UDAYAMPEROOR, ERNAKULAM, PIN - 682307
5 ASSISTANT REGISTRAR, OFFICE OF ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, OPP. SBI SOUTH BRANCH
VALANJAMBALAM, KOCHI, PIN - 682026
6. COMMUNIST PARTY OF INDIA (MARXIST) SOUTH PARAVUR
LOCAL COMMITTEE, HAVING ITS OFFICE AT SOUTH PARAVUR,
UDAYAMPEROOR, REPRESENTED BY ITS SECRETARY.
7 ADDL R7: STATE CO-OPERATIVE ELECTION
COMMISSION(SCEC), CO-BANK TOWERS, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY
W.P.(C).6035 of 2024 2
8 ADDL R8: RETURNING OFFICER, MANAKUNNAM VILLAGE
SERVICE CO-OPERATIVE BANK LTD. NO.3853, OFFICE OF
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
OPP.SBI SOUTH BRANCH, VALANJAMBALAM, KOCHI
9 ADDL R9: MANAKUNNAM VILLAGE SERVICE CO-OPERATIVE BANK
LTD. NO.3853, UDAYAMPEROOR, NADAKKAVU.P.O, ERNAKULAM
DISTRICT, REPRESENTED BY ITS SECRETARY. PIN-682307
* ADDL R7 TO R9 IMPLEADED AS PER ORDER DATED
16.02.2024 IN I.A NO.1 OF 2024
SMT C S SHEEJA, SR. GP.,
SRI C M NAZAR, SC FOR KERALA STATE CO-OPERATIVE
ELECTION COMMISSION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).6035 of 2024 3
JUDGMENT
The petitioner is a member of the Manakunnam Service
Co-operative Bank. He submits that he has submitted nomination as a
candidate in the election to the Managing Committee scheduled to be
held on 18.02.2024. According to the learned counsel, the petitioner
owes allegiance to a party that is in opposition in the State Legislative
Assembly. He asserts that there is every likelihood that the opposing
faction will resort to violence during the election and attempt to disrupt
the election process and drive away voters. It is stated that the
petitioner reasonably apprehends that the transparency and integrity of
the election process would be infringed by anti-social elements. The
petitioner states that he has already submitted Ext.P3 to P5 requests
before respondents 2 to 5 to render assistance and to ensure that law
and order are maintained all through the voting process. According to the
petitioner, the official respondents are bound to strictly comply with
circulars issued by the Election Commission as well as the Police Chief. It
is on these contentions that this writ petition is filed seeking the following
reliefs:-
i) Issue a writ of mandamus or other appropriate writ, order or
direction, commanding the respondents 2 to 4 to afford adequate
and effective police protection to the life of the petitioner and to
peacefully conduct the election to the Manakunnam village service
cooperative bank against the threat of the members of 6th
respondent and their allies.
2. The learned Government pleader submitted that no efforts
shall be spared to ensure that the election process is not polluted and law
and order is maintained. It is submitted that steps in terms of Circular No.
28/2013 dated 20.11.2013 issued by the State Police Chief shall be taken
to ensure smooth conduct of the election.
3. The learned Standing counsel appearing for the Election
Commission also submitted that no efforts shall be spared to ensure
transparency in the election and also to prevent violence and
impersonation.
Having considered the submissions advanced, this writ petition is
disposed of directing respondents 3 and 4 to afford adequate protection
to the life of the petitioner and to ensure that the election to the
Manakunnam Service Cooperative Bank, which is scheduled to be held on
18.02.2024 is conducted in a free and fair manner without any obstruction
from the 6th respondent or his men.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
APPENDIX OF WP(C) 6035/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE ELECTION DECLARATION DATED
28/12/2023
Exhibit P 2 TRUE COPY OF THE NOMINATION DATED 02/02/2024
SUBMITTED BY THE PETITIONER
Exhibit P 3 TRUE COPY OF THE COMPLAINT DATED 12/02/2024 FILED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P 4 TRUE COPY OF THE COMPLAINT DATED 12/02/2024 FILED
BEFORE THE 2ND RESPONDENT
Exhibit P 5 TRUE COPY OF THE COMPLAINT DATED 12/02/2024 FILED
BEFORE THE 5TH RESPONDENT
