Dismissed

James Vadakkan v. Mr.Kuriakose Padavan

Kerala HC3 Dec 2020WP(C)/26858/2020

Case brief

AI extract

What is this about?

Petitioner sought writ mandamus for investigation into election candidates' alleged violation of Covid protocols. Court declined criminal directions against parliamentary candidates but ordered Election Commission to ensure safety measures for elections.

What did the court decide?

Petitioner's prayer for criminal action against respondents 1 to 5 dismissed; official respondents directed to ensure safety measures for elections. Quality: thin

James Vadakkan Vs Mr.Kuriakose Padavan — Election Law | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942

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WP(C).No.26858 OF 2020(S)

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PETITIONER/S:

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JAMES VADAKKAN AGED 60 YEARS

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S/O. LATE JACOB JAMES, MANAGING TRUSTEE, CENTRE FOR CONSUMER EDUCATION, (REGN NO.K497/88) KP6/6399, 1ST FLOOR, VADAKKAN BUILDINGS, MUNDANKAL P.O., PALAI-686 574, RESIDING AT VADAKKAN HOUSE, MUNDANKAL P.O., PALAI-686 574.

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BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI

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RESPONDENT/S:

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1 MR.KURIAKOSE PADAVAN S/O. CHERIAN, PADAVAN HOUSE, KIZHATHADIYOOR, KOTTAYAM DISTRICT, KERALA-686 574.

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2 MR.MONS JOSEPH, M.L.A, S/O.JOSEPH, NARIMATTOM HOUSE, POOZHIKOL P.O., KOTTAYAM-686 604.

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3 K.C.JOSEPH, M.L.A, KARUVELITHARA, KALATHIPADY, VADAVATHOOR P.O., KOTTAYAM-686 010.

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4 VAKKACHAN MATTATHIL, EX.M.P., MATTATHIL HOUSE, MURIKKUMPUZHA P.O., PALAI-686 575.

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5 JOY ABRAHAM, EX.M.P., S/O.JOSEPH, MAZHUVANOOR HOUSE, MELANPARA P.O., KOTTAYAM DISTRICT-686 578.

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6 SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI-110 011.

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W.P.(C) No. 26858/2020

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: 2 :

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7 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, L.M.S.JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 003, REP. BY ITS STATE ELECTION COMMISSIONER.

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8 SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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9 SECRETARY TO HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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10 DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-686 001.

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11 DISTRICT POLICE CHIEF, COLLECTORATE, KOTTAYAM-686 001.

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12 STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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SRI.MURALI PURUSHOTHAMAN, SC FOR R7, SRI. ARAVINDA KUMAR BABU, SR GP FOR R8 TO R12

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 26858/2020

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: 3 :

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Dated this the 3^rd day of December, 2020.

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JUDGMENT

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S. MANIKUMAR, CJ.

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The Managing Trustee of Centre for Consumer Education, Pala, a society registered under the Travancore Cochin Literary Scientific & Charitable Societies Act, 1955 having registration No. K497/88, has filed the instant writ petition seeking issuance of a writ of mandamus directing respondents 6 to 11 to enquire into the petitioner's Exhibit P6 petition and to file a report, within a time bound manner, and to strictly implement the directions and orders issued by the authorities, to prevent the spread of Covid-19 disease.

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Pursuant to a meeting conducted in the house of respondent No.1, the petitioner is said to have made a representation to the respondents 1 to 5, alleging violation of Covid protocol and moral Code of Conduct issued by the Kerala State Election Commission. Representation seeks for appropriate orders for taking serious criminal action against respondents 1 to 5 for the alleged grave violation of the Election Code of Conduct and Covid Disease Regulations and Rules.

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Even though Mr. Johnson Manayani, learned counsel for the petitioner, made submissions on the pleadings and the contents in Exhibit P6 representation and prayed for initiation of criminal action

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W.P.(C) No. 26858/2020

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: 4 :

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against the respondents 1 to 5 and accordingly, for issuance of writ of mandamus as above, we are not inclined to issue any directions as prayed for.

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In the light of covid pandemic and the spread of diseases/deaths reported in State of Kerala, we only request the political parties, to adhere to the Code of Conduct of Election, as well as Covid protocol, in order to ensure safety of all the people involved. As rightly argued by learned counsel for the petitioner, everybody's interest has to be protected

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In that view of the matter, we direct the official respondents, in particular, the Kerala State Election Commission represented by its State Election Commissioner, to ensure that all safety measures are taken for the smooth conduct of elections without giving any room for complaints.

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With the observations and directions, this writ petition is disposed of.

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S. MANIKUMAR, CHIEF JUSTICE.

SHAJI P. CHALY,

JUDGE.

W.P.(C) No. 26858/2020

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: 5 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PROFILE FOR CENTRE FOR CONSUMER EDUCATION.
EXHIBIT P2	TRUE COPY OF THE MEMORANDUM OF WRIT PETITION WITHOUT THE EXHIBITS IN WP(C) NO.16487/2020 FILED BEFORE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P3	TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT IN WP(C) NO.16487/2020 BEFORE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT IN WP(C) NO.16487/2020.
EXHIBIT P5 EXHIBIT P6	THE PHOTOGRAPHS PUBLISHED BY THE 1ST RESPONDENT IN THE FACEBOOK. TRUE COPY OF THE PETITON FILED BY THE PETITIONER BEFORE THE RESPONDENTS 6 TO 11 DATED 27.11.2020.

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RESPONDENT'S EXHIBITS: NIL

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/True Copy/

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PS To Judge.

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James Vadakkan v. Mr.Kuriakose Padavan

Case brief

What is this about?

What did the court decide?

James Vadakkan v. Mr.Kuriakose Padavan

Case brief

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