Allowed

G.Mohanan v. the State Police Chief

Kerala HC24 Jun 2019WP(C)/16481/2019

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition seeking police protection and CCTV installation for a bye-election candidate facing threats. Citing the State Election Commission's statement, the Court found no further direction necessary and directed respondents to assist in ensuring free and fair polling.

What did the court decide?

No new directions given; directed relevant respondents to ensure free and fair polling and assist effectively as requested.

G.Mohanan Vs the State Police Chief — Election Law | Kerala HC (2019)

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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 C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941

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WP(C).No.16481 of 2019

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PETITIONER/S:

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G.MOHANAN AGED 64 YEARS

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S/O. K. N. GOPALAN, ADVOCATE, MECHERRY VEEDU, ALTHARAMOOD, KADAKKAL VILLAGE, KADAKKAL P.O., KOLLAM.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENTS:

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1 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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2 THE DISTRICT POLICE CHIEF KOLLAM RURAL, KOTTARAKKARA P.O., KOLLAM - 691 506.

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3 THE DEPUTY SUPERINTENDENT OF POLICE PUNALUR, PUNALUR P.O., KOLLAM - 691 516.

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4 THE INSPECTOR OF POLICE KADAKKAL, KADAKKAL P.O., KOLLAM - 691 538.

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5 THE STATION HOUSE OFFICER KADAKKAL POLICE STATION, KADAKKAL P.O., KOLLAM - 695 538.

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6 THE STATE ELECTION COMMISSIN KERALA CORPORATION OFFICE COMPLEX, L.M.S JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS SECRETARY.

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WP(C).No.16481 of 2019

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7 THE RETURNING OFFICER G-59 KADAKKAL GRAMA PANCHAYATH BYE-ELECTION IN WARD NO.12, THUMBODE (GENERAL), KADAKKAL, THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KOTTARAKKARA P.O., KOLLAM - 691 538.

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8 THE ASSISTANT RETURNING OFFICER G-59 KADAKKAL GRAMA PANCHAYATH BYE-ELECTION IN WARD NO.12, THUMBODE (GENERAL), KADAKKAL (THE SECRETARY, KADAKKAL GRAMA PANCHAYATH, KADAKKAL P.O., KOLLAM - 691 538).

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9 THE KADAKKAL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KADAKKAL P.O., KOLLAM - 691 538.

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10 M. NAZEER CPI(M) AREA COMMITTEE SECRETARY AND LDF CONVENER, BYE-ELECTION COMMITTEE, WARD NO.12, KADAKKAL GRAMA PANCHAYATH, CPI(M) ARA COMMITTEE OFFICE, KADAKKAL P.O., KOLLAM - 691 538.

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R6 TO R8 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R1 TO R5 SR.GP-SRI. P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16481 of 2019

C.K. ABDUL REHIM

R. NARAYANA PISHARADI, JJ.

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W.P(C) No. 16481 of 2019

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----------------------------------------------- Dated this the 24^th day of June, 2019

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JUDGMENT

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Abdul Rehim,J

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The above writ petition is filed seeking the following reliefs:

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“i). To issue a writ of mandamus or other appropriate writ order of direction commanding the respondents 1 to 9 to afford adequate and effective Police protection for smooth contest of the Bye-Election G-59 Kadakkal, ward No.12Thumbode (General) in Kadakkal Grama Panchayath in Kollam District pursuant to Ext.P1 election notice from the threat of the 10^th respondent and his henchmen or anybody.

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ii). To issue a writ of mandamus or other appropriate writ order of direction commanding the respondents 1 to 9 to afford adequate and effective Police protection to the petitioner and his workers for smooth contest of the Bye-Election G-59 Kadakkal, ward No.12-Thumbode (General) in Kadakkal Grama Panchayath in Kollam District pursuant to Ext.P1 election notice from the threat of the 10^th respondent and his henchmen or anybody.

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iii). To issue a writ of mandamus or other appropriate writ order of direction commanding the respondents 1 to 9 to erect cameras in the appropriate places for smooth contest of the Bye-Election G-59 Kadakkal, ward No.12-Thumbode (General) in Kadakkal Grama Panchayath in Kollam District pursuant to Ext.P1 election notice from the threat of the 10^th respondent and

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WP(C).No.16481 of 2019

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his henchmen or anybody.

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iv). To declare the respondents 1 to 9 are bound to erect cameras in the appropriate places and to grant Police protection for smooth contest of the Bye-Election G-59 Kadakkal, ward No.12-Thumbode (General) in Kadakkal Grama Panchayath in Kollam District pursuant to Ext.P1 election notice from the threat of the 10^th respondent and his henchmen or anybody.”

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The petitioner is a candidate contesting in the Bye-Election

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to ward No. 12 of Kadakkal Grama Panchayath. The election is scheduled to be conducted on 27.6.2019.

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The 6^th respondent, the State Election Commission, had filed a statement in the above case in which it is mentioned that the State Election Commission with the assistance of the state machinery and Police has taken every steps to ensure a free and fair election. It is mentioned that, the decision regarding vediography of the poll process at the polling booth will be taken by the District Election Officer, if necessary, in consultation with the State Election Commission on the basis of the vulnerability assessment of the booths by the Police.

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We are of the opinion that, in view of the above said statement, no further direction is required from this Court. The respondents 6 and 7 shall take all effective steps to ensure free and fair polling with respect to the election in question. The respondents 2

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WP(C).No.16481 of 2019

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to 5 shall render all necessary assistance at the request of the respondents 6 to 8 or on the request of any other Polling Officers at appropriate time without any failure.

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The writ petition is hereby disposed of subject to the directions and observations contained as above.

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Sd/-C.K.ABDUL REHIM, JUDGE

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Sd/-R.NARAYANA PISHARADI, JUDGE

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lsn

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WP(C).No.16481 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ELECTION NOTICE DATED 31/05/2019 ISSUED BY THE 7TH RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 10/06/2019 SENT BY THE PETITIONER BEFORE THE 6TH RESPONDENT BY SPEED POST AND ITS POSTAL RECEIPT. EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 12/06/2019 SENT BY THE PETITIONER BEFORE THE 6TH RESPONDENT BY SPEED POST AND ITS POSTAL RECEIPT.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

G.Mohanan v. the State Police Chief

Case brief

What is this about?

What did the court decide?

G.Mohanan v. the State Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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