High CourtsSingle Bench(2023) 04 KL CK 0106

Chengottur Muneerul Islam Sangham vs District Police Chief/ Superintendent Of Police

High Court Of Kerala · Decided on 12 April 2023

HON’BLE JUDGES
N.Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 13011 Of 2023

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Judgment

7 paragraphs · 272 words

N.Nagaresh, J

1.

Petitioner is the Chengottur Muneerul Islam Sangham, represented by its Secretary. The petitioner is before this Court seeking to command respondents 1 to 3 to provide necessary police assistance to the 4th respondent, who is the Advocate Commissioner appointed by this Court for the peaceful conduct of election, as and when required by the 4th respondent.

2.

From the pleadings, it is evident that this Court as per Ext.P1 judgment in W.P.(C) No.25099 of 2019 has appointed the 4th respondent as Advocate Commissioner for conducting election to the petitioner-Sangham.

3.

The petitioner would submit that there is likelihood of law and order issues in the conduct of the election and unless respondents 1 to 3 extend sufficient assistance and protection, the Advocate Commissioner will not be able to conduct the election peacefully.

4.

I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3, the 4th  respondent-Advocate Commissioner and the learned Standing Counsel appearing for the 5th respondent.

5.

Taking into consideration the fact that this Court has considered the necessity of conducting an election to the petitioner-Sangham and has appointed the 4th respondent as Advocate Commissioner as per judgment dated 01.11.2019 in W.P.(C) No.25099 of 2019, it is incumbent upon respondents 1 to 3 to ensure that the election is being conducted peacefully without any external obstruction or interference.

In view of the above, the writ petition is disposed of directing that the respondents 2 and 3 shall extend adequate protection  for  the  conduct  of  election  to  the  petitioner-Sangham as and when the 4th  respondent makes a request for police assistance.