High CourtsSingle Bench(2021) 08 KL CK 0061

Surendran vs State Of Kerala

High Court Of Kerala · Decided on 6 August 2021

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 15831 Of 2021

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Judgment

20 paragraphs · 366 words

Sathish Ninan, J

1.

By-elections to Ward No.10 of Aralam Grama Panchayat in Kannur District is scheduled to be held on 11.08.2021. The petitioner is one of the

contesting candidates. He has approached this Court apprehending large scale violence and disorder during the polling. He seeks for appropriate

directions to ensure free, fair and peaceful election in polling booths 1 and 2 in ward No.10 of Aralam Grama Panchayat.

2.

According to the petitioner, earlier public elections in the Panchayat witnessed large scale violence, booth capturing, impersonation, snatching away

of election ID cards and casting of bogus votes. There have been instances of massive clashes inside polling stations, contends the petitioner. On an

early occasion, this Court in WP(C) No.7501/2011 had imposed stringent conditions, including adopting of adequate security and safety measures to

ensure a free and fair election in the Panchayat.

3.

The second respondent - Chief Election Commissioner has filed a statement before this Court placing on record that the State Police Chief has

already been addressed to make arrangements for maintaining law and order and for smooth and peaceful conduct of the election. Polling booths 1

and 2 of Ward No.10 have been reported as “sensitive†polling booths and hence sanction has been accorded to the District Election Officer,

Kannur to arrange for videographing in the said polling booths. Copy of the communication in the said regard has been produced along with the

statement as Annexure-R2(b). Further, as per Ext.R2(c) communication issued by the second respondent to the District Police Chief, Kannur,

sufficient police protection has been sought for. The learned Standing Counsel for the second respondent points out that, as per Ext.R2(d), issue

regarding production of identity cards has also been addressed. Suffice to notice that, the second respondent points out that necessary steps to ensure

a free and fair election have been taken.

4.

The State Police Chief, the additional sixth respondent shall ensure that adequate police personnel are deployed to assist the 5th respondent to

ensure that free and fair election is conducted. The third respondent-District Collector shall also ensure securing of necessary steps for conduct of a

peaceful election.

With the above directions, the writ petition is disposed of.