[Cites 3, Cited by 0]
Kerala High Court
G.Sudhakaran vs Union Of India on 7 April, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
1
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 13894 OF 2026
PETITIONER :
KUNHIKRISHNAN.V
AGED 74 YEARS
S/O KAMMARAPODUVAL (LATE),
'KAVYA KALA' NEAR VELLUR BANK,
VELLUR.P.O., PAYYANNUR,
KANNUR DISTRICT,
PIN - 670307
BY ADVS.
SRI.P.S.BINU
SMT.K.SEENA
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIATE
THIRUVANATHAPURAM,
PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM,
PIN - 695010
3 DISTRICT POLICE CHIEF
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
2
2026:KER:31404
KANNUR RURAL, DHARMASHALA KALLIASSERY,
KANNUR DISTRICT,
PIN - 670562
4 STATION HOUSE OFFICER
PAYYANNUR POLICE STATION,
PAYYANNUR.P.O, KANNUR DISTRICT,
PIN - 670307
5 STATE ELECTION COMMISSION
REPRESENTED BY SECRETARY,
VIKAS BHAVAN.P.O.,
THIRUVANANTHAPURAM,
PIN - 695033
6 DISTRICT ELECTION OFFICER
KANNUR DISTRICT,
COLLECTORATE KANNUR,
PIN - 670002
7 RETURNING OFFICER,
PAYYANNUR ASSEMBLY CONSTITUENCY
PAYYANNUR.P.O, KANNUR DISTRICT,
PIN - 670307
BY SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
BY SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH W.P.(C) NOS. 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
3
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 13597 OF 2026
PETITIONER :
T.K.GOVINDAN MASTER
AGED 75 YEARS,
S/O KUNHIKANNAN NAMBIAR,
CANDIDATE FOR THE KERALA LEGISLATIVE
ASSEMBLY ELECTION 2026,
RESIDING AT JOO BHAVAN, POOKKANDAM,
MALAPPATTAM, P.O.MALAPPATTAM,
KANNUR, PIN - 670 63
BY ADV SRI.MAHESH V RAMAKRISHNAN
RESPONDENTS :
1 THE ELECTION COMMISSION OF INDIA
REPRESENTED BY ITS SECRETARY,
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI, PIN - 110 001
2 CHIEF ELECTORAL OFFICER
KERALA, ELECTION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT COLLECTOR AND DISTRICT RETURNING
OFFICER
CIVIL STATION, KANNUR,
KANNUR DISTRICT,
PIN - 671123
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
4
2026:KER:31404
4 THE RETURNING OFFICER
TALIPARAMBA LEGISLATIVE CONSTITUENCY,
CIVIL STATION COMPOUND, KANNUR,
PIN - 670002
5 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
GOVERNMENT, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 696001
6 DISTRICT POLICE CHIEF
KANNUR RURAL, KANNUR,
KANNUR DISTRICT, PIN - 670002
7 ASSISTANT COMMISSIONER OF POLICE
TALIPARAMBA, P.O.TALIPARAMBA,
KANNUR, PIN - 670141
8 ASSISTANT COMMISSIONER OF POLICE
KANNUR, P.O.TALIPARAMBA,
KANNUR, PIN - 670002
BY SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
BY ADV SHRI.M.AJAY, SC, ELECTION COMMISSION OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).NO.13894/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
5
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 13606 OF 2026
PETITIONER :
K.M. RAGUNATH
AGED 51 YEARS
S/O APPUNNI NAIR,
KANNAMVELLIMETHAL HOUSE,
VARIKOLI.P.O, KALLACHI VIA,
KOZHIKODE DISTRICT,
PIN - 673506
BY ADVS.
SRI.U.P.BALAKRISHNAN
SRI.C.H.ABDUL RASAC
SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS :
1 THE ELECTION COMMISSION OF INDIA
REPRESENTED BY ITS SECRETARY,
NIRVACHAN SADAN, ASHOKA ROAD,
PANDIT PANT MARG AREA,
SANSAD MARG AREA, NEW DELHI,
PIN - 110001
2 THE CHIEF ELECTORAL OFFICER
REPRESENTED BY ITS SECRETARY JANAHITHAM,
T C 27/6(2), VIKAS BHAVAN,
THIRUVANANTHAPURAM,
PIN - 695033
3 THE DIRECTOR GENERAL OF POLICE
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
6
2026:KER:31404
POLICE HEADQUARTERS,
THIRUVANATHAPURAM,
PIN - 695010
4 THE DISTRICT COLLECTOR
KOZHIKODE DISTRICT,
CIVIL STATION, ERANHIPALAM,
KOZHIKODE, PIN - 673020
5 THE DISTRICT POLICE CHIEF
KOZHIKODE DISTRICT (RURAL),
PUDUPPANAM (PO), KOZHIKODE,
PIN - 673101
6 THE STATION HOUSE OFFICER
EDACHERRY POLICE STATION,
EDACHERRY, KOZHIKODE DISTRICT,
PIN - 673502
7 THE STATION HOUSE OFFICER
KUTTIADY POLICE STATION,
P.O. KUTTIADY, KOZHIKODE DISTRICT,
PIN - 673508
8 THE STATION HOUSE OFFICER,
NADAPURAM POLICE STATION,
NADAPURAM.P.O, KOZHIKODE DISTRICT,
PIN - 673504
9 THE STATION HOUSE OFFICER
THOTTILPALAM POLICE STATION,
THOTTILPALAM, KOZHIKODE DISTRICT,
PIN - 673513
10 THE STATION HOUSE OFFICER
VALAYAM POLICE STATION,
VALAYAM, KOZHIKODE DISTRICT,
PIN - 673517
11 THE RETURNING OFFICER
NADAPURAM ASSEMBLY CONSTITUENCY,
DISTRICT REGISTRAR (GENERAL)
CO-OPERATIVE DEPARTMENT,
KOZHIKODE, PIN - 673504
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
7
2026:KER:31404
BY SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION OF KERALA
BY SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).NO.13894/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
8
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 14013 OF 2026
PETITIONER :
SANTHOSH
AGED 57 YEARS
S/O KANNAN, BAKKALAM,
MANGAD PO KANNUR DIST.,
PIN - 670561
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RITHIK S.ANAND
SHRI.RISHI VARMA T.R.
SHRI.SREEJITH A.
SMT.ALFIYA SHAMSUDHEEN
RESPONDENTS :
1 THE DISTRICT COLLECTOR & DISTRICT RETURNING OFFICER
KANNUR COLLECTORATE OFFICE,
KANNUR DIST., PIN - 670 001
2 THE DISTRICT POLICE CHIEF RURAL
DHARMASALA PO KANNUR DIST.,
PIN - 670001
3 THE STATION HOUSE OFFICER
THALIPARAMBA POLICE STATION,
KANNUR DISTRICT,
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
9
2026:KER:31404
PIN - 670141
4 THE STATION HOUSE OFFICER
MAYYIL POLICE STATION,
KANNUR DISTRICT,
PIN - 670642
5 CHIEF ELECTORAL OFFICER
CHIEF ELECTORAL OFFICER'S OFFICE,
TRIVANDRUM, PIN - 695 001
BY SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C) NO.13894/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
10
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 14273 OF 2026
PETITIONER :
G.SUDHAKARAN
AGED 79 YEARS
S/O LATE GOPALA KURUP NAVANEETHAM
PARAVOOR.P.O., ALAPPUZHA,
PIN - 688014
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SMT.DIPA V.
SRI.RAAJESH S.SUBRAHMANIAN
SHRI.AZAD SUNIL
SHRI.T.P.ARAVIND
SHRI.AKASH CHERIAN THOMAS
SMT.AKSHARA S.
SHRI.MAHESWAR PADICKAL
SHRI.ANILKUMAR C.R.
RESPONDENTS :
1 UNION OF INDIA
REPRESENTED BY HOME SECRETARY 113,
NORTH BLOCK NEW DELHI,
PIN - 110001
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
11
2026:KER:31404
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY SECRETARIAT,
PALAYAM, THIRUVANANTHAPURAM,
PIN - 695001
3 THE PRINCIPAL SECRETARY (HOME)
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
4 STATE POLICE CHIEF
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM,
PIN - 695010
5 DISTRICT POLICE CHIEF
PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT,
PIN - 689645
6 DEPUTY SUPERINTENDENT OF POLICE
AMBALAPUZHA, ALAPPUZHA DISTRICT,
PIN - 688563
7 STATION HOUSE OFFICER
PUNNAPRA POLICE STATION,
ALAPPUZHA DISTRICT,
PIN - 688004
8 STATION HOUSE OFFICER
AMBALAPUZHA POLICE STATION,
ALAPPUZHA DISTRICT,
PIN - 688561
9 STATION HOUSE OFFICER
ALAPPUZHA SOUTH POLICE STATION,
ALAPPUZHA DISTRICT,
PIN - 688001
10 DISTRICT COLLECTOR
COLLECTORATE ALAPPUZHA,
PIN - 688001
11 STATE ELECTION COMMISSIONER
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
12
2026:KER:31404
KERALA STATE ELECTION COMMISSION,
VIKAS BHAVAN, THIRUVANANTHAPURAM,
PIN - 695033
12 RETURNING OFFICER FOR AMBALAPUZHA CONSTITUENCY
COLLECTORATE ALAPPUZHA,
PIN - 688001
13 C.SHAMJI
AREA SECRETARY COMMUNIST PARTY OF INDIA (MARXIST)
AMBALAPUZHA.P.O., ALAPPUZHA DISTRICT,
PIN - 688561
14 PRASANT S.KUTTY
AREA COMMITTEE MEMBER,
COMMUNIST PARTY OF INDIA (MARXIST),
AMBALAPUZHA.P.O., ALAPPUZHA DISTRICT,
PIN - 688561
15 ARUN LAL
LOCAL COMMITTEE MEMBER COMMUNIST PARTY OF INDIA
(MARXIST) PUNNAPRA NORTH.P.O.,
ALAPPUZHA DISTRICT, PIN - 688014
16 RIYAS K. PONNADU
DISTRICT SECRETARY,
SOCIAL DEMOCRATIC PARTY OF INDIA (SDPI)
MULLACKAL, ALAPPUZHA,
PIN - 688011
* ADDL.17TH AND 18TH RESPONDENTS IMPLEADED
17 ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI
18 CHIEF ELECTORAL OFFICER, KERALA
ELECTION DEPARTMENT,
KERALA LEGISLATIVE COMPLEX,
VIKAS BHAVAN.P.O,
THIRUVANATHAPURAM
ADDL.17TH AND 18TH RESPONDENTS ARE IMPLEADED AS PER
ORDER DATED 07.04.2026 IN I.A.NO.1 OF 2026
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
13
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SRI.P.SREEKUMAR, ASGI
SMT.DAYA SINDHU SREEHARI, CGC
SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION
OF KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).NO.13894/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
14
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 14333 OF 2026
PETITIONER :
SANDEEP G. VARIER
AGED 47 YEARS
S/O. M. V. GOVINDA VARIER,
DEEPTHI, CHETHALLUR POST,
MANNARKKAD, PALAKKAD,
PIN - 678583
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SHRI.BIJU VIGNESWAR
SHRI.ARUN POOMULLI
SHRI.ABHIRAM.S.
SMT.GAADHA SURESH
SHRI.AKSHAY SHIBU
SHRI.ANANTHAPADMANABHAN
SHRI.ASHISH PAUL
SMT.LAXMISREE JAYANTHA KUMAR
SHRI.MURALI KRISHNA PRASAD
RESPONDENTS :
1 THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI, REPRESENTED BY THE SECRETARY,
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
15
2026:KER:31404
PIN - 110001
2 THE CHIEF ELECTORAL OFFICER
ELECTION DEPARTMENT,
KERALA LEGISLATIVE COMPLEX,
VIKAS BHAVAN P. O., THIRUVANANTHAPURAM,
PIN - 695033
3 DISTRICT ELECTORAL OFFICER & DISTRICT COLLECTOR
KASARAGOD DISTRICT, CIVIL STATION,
VIDYANAGAR, KASARAGOD,
PIN - 671123
4 RETURNING OFFICER
005, TRIKARIPUR ASSEMBLY CONSTITUENCY &
THE DEPUTY COLLECTOR (R R)
KASARAGOD, PIN - 671 310
SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION
OF KERALA
SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).NO.13894/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
16
2026:KER:31404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 14385 OF 2026
PETITIONER :
A.M RASHEED
AGED 45 YEARS
S/O MARAKKAR, ADATTIL HOUSE,
KAVILUM PARA POST, KOZHIKODE
CHIEF AGENT OF P. VASANTHAM
(CANDIDATE NADAPURAM LEGISLATIVE CONSTITUENCY),
KOZHIKODE, PIN - 673 513
BY ADVS.
SHRI.M.P.PRIYESHKUMAR
SMT.DIVYA T.P.
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE STATE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY VIKAS BHAVAN,
THIRUVANANTHAPURAM,
PIN - 695033
3 DISTRICT COLLECTOR/DISTRICT ELECTION OFFICER
DISTRICT COLLECTORATE,
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
17
2026:KER:31404
KOZHIKODE, CIVIL STATION,
KOZHIKODE, PIN - 673020
4 STATE POLICE CHIEF (DGP)
POLICE HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695010
5 DISTRICT POLICE CHIEF (RURAL)
KOZHIKODE RURAL POLICE OFFICE,
VATAKARA, PIN - 673 101
BY SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
SRI.DEEPU LAL MOHAN, SC, ELECTION COMMISSION OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).NO.13894/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
18
2026:KER:31404
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-
W.P.(C) Nos.13894, 13597,
13606, 14013, 14273, 14333
and 14385 of 2026
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 7th day of April, 2026
JUDGMENT
These seven writ petitions have been filed seeking grant of police
protection and other similar reliefs. Since the primary contentions are all
revolving around providing adequate police protection during the course
of elections, these writ petitions are disposed of together by this common
judgment. The reliefs include grant of police protection to some of the
candidates in few of the constituencies of the Kerala General Assembly
Election 2026, to the Polling Agents as well as to the voters of the
constituencies to which these writ petitions relate to. In one of the writ
petitions, there is a prayer for deployment of the Central Armed Police
Force as well, for the effective conduct of the elections.
2. In W.P.(C) No.13894 of 2026, the petitioner is a candidate from
Payyannur Constituency. He alleges that he had shifted his allegiance
from the party which is presently in power, in the State of Kerala and had
defected before the elections. According to him he is standing in the
elections as an independent candidate with the support of the United
Democratic Front. Petitioner alleges that he apprehends threat to his life
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
2026:KER:31404
on the date of polling apart from threats to his polling agents and others
and hence he seeks police protection.
3. W.P.(C) No.14013 of 2026 is filed by the Convener of the Left
Democratic Front at the Taliparamba Assembly Constituency. He seeks
police protection to the candidate of the front in the said constituency,
apart from protection to the voters and others in connection with the
elections. It is pleaded that there exists a serious law and order situation
and threat to the life of the candidate and party workers during the
course of elections and hence there is every possibility of the democratic
process being subverted. The petitioner has prayed for the grant of
protection not only to the candidate but also to the petitioner.
4. W.P.(C) No.13606 of 2026 is filed by the Chief Election Agent of
the United Democratic Front and seeks protection for the candidate
contesting from the Nadapuram Assembly Constituency. It is alleged that
there is every possibility of widespread booth capturing, impersonation
and bogus voting and other criminal activities and hence he seeks police
protection to the voters, the polling officers and polling agents for the
conduct of a free and fair election. Petitioner has also sought for
installation of web cameras in the problematic booths in the said
constituency.
5. In W.P.(C) No.14385 of 2026, the Chief Polling Agent of the
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
2026:KER:31404
candidate of the Left Democratic Front at Nadapuram Constituency has
approached this Court, referring to the history of the past elections and
the fear inculcated amongst the voters and the candidates. He also seeks
directions for immediate preventive measures to be initiated to ensure
free and fair election at Nadapuram Legislative Assembly Constituency.
Petitioner has also sought for adequate police forces to be deployed to
prevent any illegal activities during the course of the election and also to
ensure continuous monitoring of polling booths, including videography, to
guarantee transparency in the electoral process.
6. W.P.(C) No.13597 of 2026 is filed by the candidate of the
Taliparamba Legislative Constituency who is standing as an independent
candidate supported by the United Democratic Front. He also alleges that
there are attempts to indulge in booth capturing, casting of bogus votes,
threatening the booth agents by the associates of the opposing party,
thereby obstructing the conduct of free and fair election. Petitioner has
also sought deployment of sufficient police force, webcasting of the entire
election process and also to separately observe polling booths which had
a polling of 90% in the last Panchayat elections.
7. The petitioner in W.P.(C) No.14333 of 2026, is one of the
candidates contesting from the Trikaripur Assembly Constituency.
According to him, various polling stations in the said constituency have
WP(C) Nos.13894/2026, 13597/2026, 13606/2026,
14013/2026, 14273/2026, 14333/2026 and 14385/2026
2026:KER:31404
been identified historically as critical and vulnerable due to recurring
incidents of electoral violence and hence he seeks direction for
deployment of the Central Armed Police Force and other precautionary
measures to ensure free and fair election.
8. W.P.(C) No.14273 of 2026 is also filed by an independent
candidate supported by the United Democratic Front standing in the
Constituency of Ambalappuzha. The reliefs sought for, includes, a
direction to the Union of India to provide sufficient protection at all the
195 polling booths in the said Constituency. There is also a prayer to the
respondents, including the State, to ensure that no voter in the
Constituency is deprived of his right to cast the vote.
9. A statement has been filed on behalf of the Election Commission
of India in W.P.(C) No.13597 of 2026 which was submitted as being
applicable to all the writ petitions. In the aforesaid statement it is stated
that all necessary arrangements have been made in the Taliparamba Legislative
Assembly Constituency for ensuring free and fair poll, in accordance with the
instructions of the Election Commission of India. It is also stated that
vulnerability mapping has been conducted, vulnerable pockets have been
identified and such areas are being closely monitored by the Sector Officers,
Police authorities and the Returning Officers. Critical polling stations and the
vulnerable polling stations have been identified based on the guidelines issued
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by the ECI. Micro Observers have also been appointed in critical polling stations
as per the guidelines of the ECI. Webcasting arrangements have also been made
in all polling stations. Further, it is pleaded that adequate police force has been
deployed in the constituency in consultation with the District Police Chief and
necessary bandobust arrangements will also be made for maintaining law and
order and for ensuring a peaceful and fair election. Police patrolling and
preventive measures are being carried out in vulnerable areas.
10. The Statement also mentions that Flying Squad Teams, Static Surveillance
Teams, Model Code of Conduct [MCC] Squads and other election monitoring
teams are functioning in the constituency and instructions have been issued to
Presiding Officers during their training in two phases to strictly follow the
identification procedure of electors to prevent impersonation and bogus voting.
According to the respondents, necessary action has already been initiated on the
representations received in accordance with law and as per the instructions of
the ECI. Respondents have also averred that the District Police Chief, Kannur
has, on the basis of inputs/intelligence received by him, ordered police
protection to the person and residence of the petitioner in W.P.(C) No.13597
of 2026 from 23.3.2026 onwards, even before Exhibit P5 representation was
submitted. The ECI has further given directions for the deployment of adequate
police force/central armed police forces wherever such necessity is perceived or
felt and also that as and when there is any threat perception on tangible
foundations for any of them thwarting their exercise and independent right to
participate in the electoral process and/or cast their votes, the situation can be
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informed by the petitioner to respondents 2 to 4 and 6 to 8 and appropriate
action as required will be taken by them as prescribed by law.
11. In W.P.(C) No.13606 of 2026, a statement has been filed on
behalf of the Election Commission of India wherein the following relevant
statements have been made:
"Law and Order, Security Arrangements and Deployment of Forces :
(ii) Based on the assessment of the ground situation, Central Armed
Police Forces (CAPFs) and State Armed Police (SAP) drawn from other
States will be deployed during the election. The CAPFs shall be
deployed well in advance for area domination, routine marches in
vulnerable pockets, point patrolling and other confidence building
measures to re-assure and build faith in the minds of the voters,
especially those belonging to the weaker sections, minorities etc.
CAPFs shall be inducted well in time for undertaking area
familiarization and hand-holding with local forces and all other
standard security protocols for movement, enforcement activities etc.
in these areas will be strictly adhered to. The CAPFs/SAP shall also be
deployed in Expenditure Sensitive Constituencies and other vulnerable
areas and critical polling stations as per the assessment of ground
realities by the CEO of Assam, Kerala, Tamil Nadu, West Bengal and
Puducherry in consultation with various stakeholders. On the eve of
poll, the CAPFs/SAP shall take position and control of the respective
polling stations and will be responsible for safeguarding the polling
stations and for providing security to the voters and polling personnel
on the polling day. Besides, these forces will secure the strong rooms
were EVMs and VVPATs are stored and for securing the Counting
Centers and for other purposes, as required. The entire force
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deployment in the assembly constituency shall be under the oversight
of the Central Observers deputed by the Commission.
7. The district administration has identified critical and vulnerable and
a robust security framework has been established to ensure the polling
stations in Nadapuram Legislative Assembly Constituency including
joint route marches by Central Armed Police Forces an integrity of the
electoral process. Confidence-building measure State Police in
vulnerable, critical, and sensitive areas, are being undertaken.
9. Thus, in respect of 2026, General Election to the Legislative Assembly
Constituencies in Kozhikode District, vulnerability mapping has been
conducted by the District Election Officer. Kozhikode and a "Report on
Identification of Vulnerability and Action Taken at District Level" has been
prepared and submitted to the Chief Electoral Officer. As per the said
report, in so far Nadapuram Legislative Assembly Constituency specific
polling stations with identified vulnerable pockets are flagged (Polling
Station Nos. 56, 93, 94, 95, 118, 119, 120, 121, 143, 144, 150, 181 and
182) and based on such assessment, necessary preventive measures
have already been taken and deployment of adequate Central Armed
Police Forces and State Police has been planned.
10. It is further submitted that 114 polling stations in 54 locations have
been identified as critical and 114 micro observers have been deployed in
such critical polling stations to ensure free and fair elections. Confidence-
building measures, including joint route marches by Central Armed Police
Forces and State Police in vulnerable, critical, and sensitive areas, are
being undertaken. Preventive actions are being strictly enforced under the
provisions of the Representation of the People Act, 1951 as well as under
relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 for
monitoring habitual offenders and other applicable laws including KAAPA
and NDPS Act for preventive detention of known offenders and drug
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peddlers.
12. It is further submitted that webcasting is being implemented in all
polling stations in Nadapuram Legislative Assembly Constituency in
accordance with the guidelines issued by the Election Commission of
India.
15.Thus, the Election Commission of India has taken all steps for
Constituencies in Kerala including (022) Nadapuram Leg for conduct of a
free and fair election in all the Legislative Assembly Constituency."
12. I have heard the respective learned counsel for the petitioners
in all these writ petitions, Sri.M.Ajay, the learned Standing Counsel for
the Election Commission of India, Sri.Deepu Lal Mohan, the learned
Standing Counsel for the State Election Commission of Kerala, Smt. K.
Amminikutty and Sri.Rajeev Jyothish George, the respective Government
Pleaders.
13. The primary contentions raised in all these writ petitions relate
to apprehension of threat at the time of election, by the candidate,
election agents and even the voters apart from the need to conduct free
and fair elections. The Election Commission has, in their statements,
mentioned earlier, specifically pointed out that every effort has been
taken to ensure a free and fair election. The vulnerable sections in various
pockets of Nadapuram Constituency have already been identified based
on the assessment carried out and preventive measures have also been
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taken. It is also mentioned that the webcasting has been implemented in
all polling stations across the State and therefore the prayer of some of
the writ petitioners regarding installation of web cameras to ensure free
and fair election does not even arise for consideration.
13. As far as the individual apprehension of threats by the candidates
and the polling agents are concerned, the statement of the Election
Commission itself is an appropriate answer as it has been mentioned that
every effort has been taken, including the deployment of Central Armed
Police Forces, wherever it is found necessary.
14. In this context, it is necessary to mention that ensuring a free
and fair election is undoubtedly the lookout of the Election Commission of
India itself, more so since it is the authority responsible for conduct of the
elections. Once the election process has set in, under Article 324 of the
Constitution of India, the entire superintendence, control and conduct of
elections is vested with the Election Commission of India and deployment
of the police force or the Central Armed Police Forces are all at the
prerogative of the ECI.
15. Though petitioners have expressed their apprehensions, there
is nothing to indicate any basis for such apprehensions as the Election
Commission has categorically stated that efforts have been taken to
prevent any sort of violence or intrusions into the conduct of free and fair
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elections, to the extent possible.
16. Apart from the above, it is apposite to refer to the decision in
Reguhnath K.M. v. Inspector General of Police and Others [2011
(3) KHC 614] wherein this Court had, in a similar instance, observed that
the Election Commission must alertly and strictly act to ensure that none
deviate from the path of propriety and virtue expected of him. This Court
had, when apprehensions of threat to free and fair elections were brought
up in various writ petitions, observed that it is the duty of the Election
Commission to ensure zealously that no voter is deprived of his right to
exercise his franchise on account of obstruction or the climate of violence
which is said to prevail in some areas/ booths. The assurance offered by
the Election Commission of India in that regard was even accepted by the
court and declined to issue any specific directions in that regard.
17. The observations of the Division Bench in Reghunath K.M.'s
case (supra) apply with equal vigour in the instant case also, as the
Election Commission has submitted that they have made elaborate
arrangements to ensure that free and fair elections are conducted in the
State of Kerala. The statement filed by them extracted in the earlier part
of the judgment also indicates that they have left no stone unturned to
ensure a free and fair election.
18. In this context, it needs to be noted that the allegations raised by
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14013/2026, 14273/2026, 14333/2026 and 14385/2026
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the petitioners are only general in nature and no specific instance has
been brought up.
19. Having regard to the above circumstances, this Court is of the
view that the assurance offered by the Election Commission, that every
effort has been taken to ensure a free and fair elections, is sufficient in
the circumstances. Moreover, the ECI has deployed the Armed Forces,
sufficient police personnel and even installed web cameras in all polling
booths across the State.
20. In respect of the specific instance of threat of attack against the
writ petitioner in W.P.(C) No.13597 of 2026 is concerned, it has been
pointed out that police personnel have already been provided by the
District Police Chief from 23.03.2026 onwards and therefore the said
apprehension has been redressed substantially. Even in respect of other
cases, where any incident has been reported as mentioned in W.P.(C)
No.13894 of 2026, it is noticed that a crime has already been registered
by the State Police.
In view of the above, no specific directions are required to be
issued, other than to observe that the Election Commission of India shall
alertly observe and take appropriate steps to ensure free and fair
elections and instill confidence in the voters as well as the candidates to
turn up for the election, in large numbers.
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With the above observations, these writ petitions are disposed of.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
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APPENDIX OF WP(C) NO. 13894 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 COPY OF THE NEWS PUBLISHED IN MALAYALA
MANORAMA DAILY DATED 25.01.2026
Exhibit P2 COPY OF THE NEWS PUBLISHED IN MALAYALA
MANORAMA DAILY DATED 28.01.2026
Exhibit P3 COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.235/2026 OF PAYYANNUR POLICE
STATION DATED 01.04.2026
Exhibit P4 COPY OF THE PETITION SUBMITTED BEFORE THE
6TH RESPONDENT DATED 04.04.2026
Exhibit P5 COPY OF THE PETITION SUBMITTED BEFORE THE
4TH RESPONDENT DATED 03.04.2026
Exhibit P6 COPY OF THE PETITION SUBMITTED BEFORE THE
3RD RESPONDENT DATED 04.04.2026
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14013/2026, 14273/2026, 14333/2026 and 14385/2026
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APPENDIX OF WP(C) NO. 13597 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
26-03-2026 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.2
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
26-03-2026 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.3
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
26-03-2026 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.4
Exhibit P4 TRUE COPY OF THE RECEIPT DATED 31-03-2026
ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
26-03-2026 SUBMITTED BY THE PETITIONER TO
THE DISTRICT POLICE CHIEF, KANNUR, THE
6TH RESPONDENT HEREIN.
Exhibit P6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN
MALAYALA MANORAMA DAILY DATED 30-03-2026
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APPENDIX OF WP(C) NO. 13606 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE LIST OF THE PROBLEMATIC
BOOTHS IN NADAPURAM ASSEMBLY CONSTITUENCY
Exhibit P2 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER DATED 28.03.2026 BEFORE THE
5TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 6TH
RESPONDENT
Exhibit P4 A TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 7TH
RESPONDENT
Exhibit P5 A TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 8TH
RESPONDENT
Exhibit P6 A TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 9TH
RESPONDENT
Exhibit P7 A TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 10TH
RESPONDENT
Exhibit P8 TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 3RD
RESPONDENT DGP
Exhibit P9 TRUE COPY OF THE PETITION DATED
28.03.2026 FILED BEFORE THE 11TH
RESPONDENT
Exhibit P10 TRUE COPY OF THE JUDGMENT 08.12.2025 IN
WPC NO.46092 AND CONNECTED CASES
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APPENDIX OF WP(C) NO. 14013 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE RESPONDENTS DATED
30.03.2026
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APPENDIX OF WP(C) NO. 14273 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE PHOTOCOPY OF THE FIR IN CRIME
NO.201/2026 DATED: 04/04/2026 IS PRODUCED
Exhibit P2 TRUE PHOTOCOPY OF THE NEWS REPORT IS
PRODUCED
Exhibit P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED:
04/04/2026 MADE TO THE 11TH RESPONDENT BY
THE CHIEF ELECTION AGENT IS PRODUCED
Exhibit P4 TRUE COPY OF THE COMPLAINT MADE TO THE
CHIEF POLICE OFFICER IS PRODUCED
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APPENDIX OF WP(C) NO. 14333 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
31.03.2026 PREFERRED THROUGH THE CHIEF
ELECTION AGENT OF THE PETITIONER STATING
THE CONCERNS BEFORE THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER BEARING NO.
DCKSGD/1892/2025-B6 DATED 31.03.2026 BY
THE 4TH RESPONDENT ON THE REPRESENTATION
PREFERRED BY THE CHIEF ELECTION AGENT OF
THE PETITIONER.
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APPENDIX OF WP(C) NO. 14385 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER, ALONG WITH THE RECEIPT
DATED 31.03.2026
