The Single Judge Bench of the Kerala High Court comprising Justice P V Kunhikrishnan has dismissed the petition filed by the head of the Twenty-Twenty coalition party seeking police protection for convening party meeting.
The Bench expounded that,
“Whenever there is a law and order problem, the petitioners are free to approach the Police and the Police will do the needful in accordance with the law.”
Factual Background
The petitioners in these writ petitions are the Presidents of Mazhuvannoor Grama Panchayath, Aikkaranad Grama Panchayath, and Kunnathunadu Grama Panchayath. The three Panchayath committees are now ruled by a new party by the name "Twenty-Twenty."
The contesting respondents in these cases are members of other political parties. The petitioners are not able to peacefully conduct the Panchayath committee meeting, Standing Committee meeting, Planning Committee meeting, Working group, and Grama Sabhas because of the threat from the contesting respondents in these writ petitions.
Aggrieved by which, the Petitioners filed a petition for seeking directions from the Court to provide sufficient police protection so that they can peacefully conduct their panchayats meetings.
Submission of the Petitioner
The learned counsel for the petitioners submitted that an interim order was passed by this Court for convening a meeting on a particular date and if there is any threat for convening the meetings of the Twenty-Twenty party, the Police protection is necessary.
Submission of the Respondent
The learned counsel for the respondent submitted that this Court may not pass an order for Police protection indefinitely when there is no problem at all. He further submitted that a Panchayath committee has to function for about five years. During the entire five years, the Police protection need not be there.
Court Reasoning and Judgment
The Court considered the facts and submissions made by the Counsels and expressed that whenever there is a law and order problem, the petitioners are free to approach the Police and the Police will do the needful in accordance with the law.
Further, the Court disposed of the petition by instructing the Petitioner that,
(i) Whenever there is any apprehension of law and order issue, in connection with the meetings of the Panchayaths, the petitioners are free to approach the Station House Officer concerned and the Superintendent of Police, Ernakulam Rural with a representation definitely mentioning the date of the meeting, place, etc.
(ii) If such a representation is received, the Station House Officer and the Superintendent of Police, Ernakulam Rural will do the needful to see that there is no law and order problem.
(iii) The contesting respondents are free to agitate their opposition against any policy decisions of the petitioners without creating any law and order problem and without obstructing the Panchayath committee meetings.
Case Details
Case: WP(C) NO. 2665 OF 2021
Petitioner: Deena Deepak & Ors.
Respondent: The Superintendent of Police & Ors.
Quorum: Justice PV Kunhikrishnan
Read Order@LatestLaws.com
Share this Document :Picture Source :
