Kerala High Court
Ashin Paul vs State Of Kerala on 23 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:78705
WP(C) NO. 37249 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 37249 OF 2024
PETITIONER/S:
1 ASHIN PAUL
AGED 23 YEARS
S/O T.O. PAUL RESIDING AT THOPPILAN, PADAKKALAPPARA,
AIMURY, KOOVAPPADY P.O., ERNAKULAM, KERALA, PIN -
683544
2 HELEN ANNA SYJAN
AGED 19 YEARS
D/O SYJAN T ABRAHAM, THEKKUMAKATTIL, PARAL,
MUNDUKOTTACKAL, PATHANAMTHITTA, PIN - 689649
3 MAHATMA GANDHI UNIVERSITY EMPLOYEES UNION,REPRESENTED
BY ITS SECRETARY, JOSE MATHEW
AGED 54 YEARS
PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN - 686561
BY ADVS.
CHRISTABEL D AVRAVU
RAHIB K.Y
SAFAL VALIYAVEEDAN
MOHAMMED HASEEB AHMED V.M.
AJMAL KHAN C.P.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION
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WP(C) NO. 37249 OF 2024 2
DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN -
695000
2 DISTRICT POLICE CHIEF KOTTAYAM
OFFICE OF THE DISTRICT POLICE CHIEF, KEEZHUKUNNU,
KOTTAYAM, PIN - 686002
3 STATION HOUSE OFFICER
GANDHI NAGAR POLICE STATION, MEDICAL COLLEGE ROADD,
ARPOOKARA, PERUMBAIKAD, KOTTAYAM, PIN - 686008
4 SUPERINTENDENT OF POLICE KOTTAYAM,
COLLECTORATE BUILDING, K K ROAD, KOTTAYAM,, PIN -
686002
5 MAHATMA GANDHI UNIVERSITY KOTTAYAM
REP. BY MS. ANILA PHILIP, JOINT REGISTRAR II (ADMIN),
ADMINISTRATIVE BLOCK, PRIYADARSINI HILLS POST,
UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM, PIN -
686560
SMT. DEEPA NARAYANAN, SR. GP.
SRI. SURIN GEORGE IPE, SC FOR M.G. UNIVERSITY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 37249 OF 2024 3
JUDGMENT
The petitioners have approached this Court seeking
police protection for the smooth conduct of election to the
University Union of the Mahatma Gandhi University scheduled to
be conducted on 23.10.2024. The petitioners 1 and 2 are
students contesting in the election and the 3rd petitioner is the
University Employees Union.
2. Before proceeding to consider whether any relief is
to be granted, this Court deprecates the action on the part of
the 3rd respondent in having joined the students in approaching
this Court seeking police protection. First of all, it is not for
the Employees Union to seek police protection for the conduct
of election to the Students' Union. Secondly, the fact that the
3rd petitioner has joined the students in this writ petition,
reveals that the members of the Union are more interested in
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politics rather than their duties.
3. The documents on record reveals that, as per
Ext.P3, this Court had, vide order dated 8.8.2024, directed the
Station House Officer, the 3rd respondent herein to ensure that
law and order is maintained.
4. Learned counsel for the petitioners submits that
despite Ext.P3 order, there were instances of breach of peace
and therefore, the police should be given strict direction to
maintain law and order.
5. I heard the learned Standing Counsel for the
Mahatma Gandhi University as well as the learned Government
Pleader.
6. Even without an order from this Court, the police
is duty bound to ensure smooth conduct of elections to the
student bodies. The 3rd respondent is therefore directed to
maintain vigil and take appropriate action in the event of any
untoward incident being reported in connection with the
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election and the counting of votes.
The writ petition is accordingly disposed of.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:78705
APPENDIX OF WP(C) 37249/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION
(REVISED) BEARING NO. 3272/1/2024/ELECTION
DATED 10.10.2024
Exhibit P2 A TRUE COPY OF THE NOTIFICATION BEARING NO.
3272/1/2024/ELECTION DATED 08.10.2024 ISSUED
BY THE 5TH RESPONDENT
Exhibit P3 A TRUE COPY OF ORDER IN WPC NO. 28318/2024 OF
THIS HON'BLE COURT DATED 08.08.2024
Exhibit P4 A TRUE COPY OF THE ELECTION PETITION DATED
14.08.2024
Exhibit P5 A TRUE COPY OF THE REPRESENTATION FORWARDED
BY THE 3RD PETITIONER DATED 29/08/2024
Exhibit P6 A TRUE COPY OF THE E-MAIL DATED 21.10.2024
FORWARDED TO THE 2ND, 3RD AND 4TH RESPONDENTS
BY THE 1ST PETITIONER SEEKING STRONG POLICE
PRESENCE AND PROTECTION FOR THE SMOOTH
CONDUCT OF THE ELECTION PROCESS
Exhibit P7 A TRUE COPY OF THE E-MAIL DATED 21.10.2024
FORWARDED TO THE 2ND, 3RD AND 4TH RESPONDENTS
BY THE 2ND PETITIONER SEEKING STRONG POLICE
PRESENCE AND PROTECTION FOR THE SMOOTH
CONDUCT OF THE ELECTION PROCESS
