IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 31501 of 2010(K) -------------------------- PETITIONER(S): --------------- M.VINODKUMAR, AGED 34 YEARS, S/O. K.KUNHAMBU, MACHERY HOUSE, ALANTHATTA, P.O.VALIYAPOYIL, (VIA)CHERUVATHUR, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KASARAGOD, PIN-671 121. 2. KERALA STATE ELECTION COMMISSIONER, THIRUVANANTHAPURAM, PIN-695 001. 3. RETURNING OFFICER, KAYYUR - CHEEMENI GRAMA PANCHAYATH, WARD NO.13, CHEEMENI, KASARAGOD, PIN-671 121. 4. KAYYUR - CHEEMENI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KASARAGOD, PIN-671 121. 5. A.APPU, THACHAMAMPOYIL, P.O.THIMIRI, CHERUVATHUR(VIA), KASARAGOD, PIN-671 313. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31501/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of October, 2010 J U D G M E N T The petitioner is the candidate contesting election from Ward No.13 of Kayyur-Cheemeni Grama Panchayat. The complaint raised is regarding the location of the polling booth. The allegation in the writ petition is that the polling booth is located in a building wherein C.P.I.(M) Munda Branch Committee is housed and Ext.P1 photograph is produced in support of the above plea. The petitioner has suggested various other buildings also wherein the polling booth can be conveniently located. 2. The second respondent has filed a statement as directed by this Court. It is averred in the statement that the polling booth No.2 of Ward No.13 of Kayyur- Cheemeni Grama Panchayat is located in a building at Munda in which an Anganvadi is functioning. The same is functioning in the building owned by Shri A.V.Kunjambu Memorial Library, Arts and Sports Club on rental basis under the Kerala Social Welfare Department. The booth committee office of the LDF is situated about 75 meters away from the Anganwadi. The location of the polling station was fixed about two months back. The decision to house the polling station No.2 of Ward No.13 of Kayyur- W.P.(C). No.31501/2010 -:2:- Cheemeni Grama Panchayat at the Anganwadi was taken in consultation with the representatives of political parties. It is averred that whatsoever, no complaints were raised against the location of the polling station at the Anganwadi in Munda by anybody. Annexure-A is the report produced along with the statement. The report shows that instructions have been given to remove the Board, fixed in front of a building near the Anganwadi, of the LDF Polling Booth Committee Office which is functioning about 75 meters away from the Anganwadi. The apprehension expressed by the learned counsel for the petitioner is that the location of the flag stump and any indication of a particular political party will influence voters. This is a matter for the Returning Officer to issue appropriate orders. Since it is mentioned that the polling booth is housed at the Anganwadi, I do not find any reason to interfere with the same. As pointed out in the report, appropriate steps will be taken by the Returning Officer to see that the polling is held peacefully. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms