Kerala High Court
WP(C)/41447/2016 of SAJIMON Vs KERALA STATE ELECTION COMMISSION on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C).No. 41447 of 2016 (E) ---------------------------- PETITIONER(S): ------------- SAJIMON, AGED 38 YEARS,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C).No. 41447 of 2016 (E) ---------------------------- PETITIONER(S):------------- SAJIMON, AGED 38 YEARS, S/O.BAHULEYAN, VADAKKE CHAVARA, KUTTAMANGALAM,KAINAKARY, ALLAPPUZHA DISTRICT-688 501.
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6.THE STATION HOUSE OFFICER, PULINKUNNU POLICE STATIN,PULINKUNNU, ALAPPUZHA - 688 504.PULINKUNNU, ALAPPUZHA - 688 504.
7.ANILKUMAR, AGED 46 YEARS,
S/O.SADANANDAN, VALAYIL HOUSE,
KUTTAMANGALAM P.O., KANAGIRI, ALAPPUZHA - 688 501.
8.RATHEESHAN, AGED 54 YEARS,
S/O.KUTTAPPAN, OORIKKARI CHIRA, KUTTAMANGALAM P.O., KAINAGIRI, ALAPPUZHA - 688 501.KAINAGIRI, ALAPPUZHA - 688 501.
9.SRUTHYMON, AGED 40 YEARS,
S/O.SASIDHARAN, THONNOORUM CHIRA,
KUTTAMANGALAM, KAINAGIRI, ALAPPUZHA-688 501.
R1 BY SRI.MURALI PURUSHOTHAMAN, SC
R2-R6 BY GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 41447 of 2016 (E)
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APPENDIX
Page 1 of 3
PETITIONER(S)' EXHIBITS
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P1TRUE COPY OF THE ELECTION DETAILS ISSUED BY THE1ST RESPONDENT.1ST RESPONDENT.
P2TRUE COPY OF PETITIONER'S APPOINTMENT ORDER AS ELECTIONAGENT APPROVED BY THE 3RD RESPONDENT.AGENT APPROVED BY THE 3RD RESPONDENT.
P3TRUE COPY OF CANDIDATES IDENTITY CARD ISSUED BY THE 3RD RESPONDENT.3RD RESPONDENT.
P4TRUE COPY OF COMMUNICATION BEING NO.6844/D/2016/STKDTD.16.12.2016.DTD.16.12.2016.
P5TRUE COPY OF COMMUNICATION BEING NO.G28/3/2016DTD.17.12.2016.DTD.17.12.2016.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
msv/
A.M. SHAFFIQUE & ANU SIVARAMAN, JJ.
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WP(C) No. 41447 of 2016
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Dated this, the 30[th] day of December, 2016
J U D G M E N T
Shaffique, J.
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This writ petition has been filed by the election agent of acandidate in regard to a by-election to be conducted in Ward No.2(Cherukali Kayal) of G28 Kainakary Grama Panchayat, AlappuzhaDistrict. It is submitted that there is every chance of law and ordersituation in the area during the election process and, therefore,appropriate directions are to be issued to the respondents to provideadequate police protection to ensure free and fair election.
2. Learned standing counsel appearing on behalf of the 1[st]respondent submits that the aforesaid area has been treated as asensitive area and necessary directions had been issued to theDistrict Collector to provide additional police force to ensure free andfair election. Action is also being taken by the District Collector in WP(C) No.41447/16
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that regard.
3. Having regard to the fact that respondents 1 and 2have taken appropriate measures in the matter, we do not thinkthat any direction as sought for is required to be passed.Necessary arrangements shall be made by the State and itsauthorities to ensure that law and order situation is maintained inthe area during the election process.
Writ petition is disposed of with the above observation.
A.M. SHAFFIQUE, JUDGE
ANU SIVARAMAN, JUDGE
Rp30/12/2016
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