Disposed

P Bharathan v. Electoral Officer

Kerala HC2 Aug 2017WP(C)/25566/2017

Case brief

AI extract

What is this about?

Petitioner, a cooperative society election candidate, sought police protection alleging potential disruption. Court dismissed immediate relief due to non-impleadment of alleged disruptors but directed respondents to act on law and order reports. Petition disposed of.

What did the court decide?

Draft order dismissing the writ petition as the petitioner did not implead the persons against whom allegations of disruption were made.

P Bharathan Vs Electoral Officer — Election Law | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 2ND DAY OF AUGUST 2017/11TH SRAVANA, 1939

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WP(C).No.25566 of 2017 (U)

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PETITIONER:

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P BHARATHAN, S/O LATE GOPALAN,AGED 65 YEARS,PENSIONER,RESIDING AT KRISHNAKRIPA,CHOCKLI AMSOM,OLAVILAM DESOM,P O OLAVILAM, THALASSERY TALUK,KANNUR DISTRICT-673313.

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BY ADV. SRI.K.P.HAREENDRAN

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RESPONDENTS:

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ELECTORAL OFFICER, PERINGALAM CO-OPERATIVE URBAN SOCIETIES LTD., NO. C 1567, ASSISTANT REGISTRAR, (GENERAL) KUTHUPARAMBA CIRCLE CO-OPERATIVE SOCIETIES, PO KUTHUPARAMBA, KANNUR DISTRICT.

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RETURNING OFFICER,

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PERINGALAM CO OPERATIVE URBAN SOCIETIES LTD NO.C 1567,

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PANOOR UNIT INSPECTOR,OFFICE OF THE ASSISTANT REGISTRAR CO OPERATIVE SOCIETIES,KUTHUPARAMBA

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CIRCLE,CO-OPERATIVE SOCIETIES PO

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KUTHUPARAMBA,KANNUR DISTRICT.

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SUB INSPECTOR OF POLICE,

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CHOKLI POLICE STATION,P O CHOKLI,THALASSERY TALUK, KANNUR DISTRICT.

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CIRCLE INSPECTOR OF POLICE,

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PANOOR.P.O., PANOOR,THALASSERY TALUK,KANNUR DISTRICT.

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WP(C).No.25566 of 2017 (U)

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-2-

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SUPERINTENDENT OF POLICE, KANNUR,P O KANNUR.

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STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR,KANUR, P O KANNUR.

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BY SR. GOVERNMENT PLEADER SRI.P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25566 of 2017 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 PHOTOSTAT COPY OF THE NOTIFICATION DATED 23.06.2017 ISSUED BY KERALA STATE CO-OPERATIVE ELECTION COMMISSIONER EXHIBIT P2 COPY OF THE NOTICE DATED 22.07.2017 PUBLISHED BY RESPONDENT NO.2 EXHIBIT P3 COPY OF THE ACKNOWLEDGMENT FOR THE RECEIPT OF THE NOMINATION PAPER AND THE NOTICE WITH REGARD TO THE SCRUTINY DATED 20.07.2017 EXHIBIT P4 COPY OF THE PETITION SUBMITED BY PETITIONER TO RESPONDENT NO.5 DATED 27.07.2017.

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ANTONY DOMINIC &

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SHIRCY V., JJ.

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W. P. (C) No.25566 of 2017

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Dated this the 2^nd day of August, 2017

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JUDGMENT

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Antony Dominic, J.

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aThe petitioner is a contesting candidate in the

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election to the Board of Directors of the Peringalam Cooperative Urban Society Ltd. scheduled to be taken place on 6^th of August, 2017. He alleges that some of the members of the society are bent upon disrupting the election process and has approached the police seeking their intervention. Alleging that the police will not take necessary action to prevent such unlawful activity, this writ petition has been filed seeking orders of police protection.

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However, the petitioner has not impleaded any one of the persons against whom the petitioner is making such allegations. In such circumstances, this Court will not be justified in granting any relief in this writ petition.

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W. P. (C) No.25566 of 2017

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Be that as it may, maintenance of law and order is the duty of the police. Therefore, in the event any report is received by respondents 3 or 4 that the election process is

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disrupted by anyone, it is for them to take action for restoring the law and order on the eve of the election.

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The writ petition is disposed of.

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Sd/- ANTONY DOMINIC JUDGE

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Sd/- SHIRCY V. JUDGE

kns/-

//TRUE COPY//

P.S. TO JUDGE

W. P. (C) No.25566 of 2017 -3-

P Bharathan v. Electoral Officer

Case brief

What is this about?

What did the court decide?

P Bharathan v. Electoral Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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