IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 9526 of 2011(S) ------------------------- PETITIONER(S): --------------- M.PRAMOD, AGED 42 YEARS, S/O. APPUTTY, VETTAYATTIL HOUSE, POST VENGERI, KOZHIKODE - 670 010. BY ADV. SRI.R.SUDHISH MR.MANJU M RANJITH K.R. RESPONDENT(S): --------------- 1. CHIEF ELECTION COMMISSION OF INDIA, REPRESENTED BY SECRETARY, NIRVACHAN SADAN, ASOKA ROAD, NEW DELHI - 110 001. 2. KERALA CHIEF ELECTORAL OFFICER, STATE ELECTION COMMISSION OFFICE, THIRUVANANTHAPURAM - 695 033. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W.P.C. No. 9526 of 2011 -------------------------------------------- Dated this the 24th day of March, 2011 JUDGMENT Ramachandran Nair, J. Writ Petition is filed for direction to the Election Commission to postpone the State Assembly Election which is fixed for 13.3.2011, two days prior to the day of Vishu. Petitioner's case is that since election is being held two days prior to Vishu, Keralites will not be able to prepare for the Vishu celebration after taking part in the election because large number people employed out-station on election duties cannot reach home for the celebration. We do not find any merit in the case because there is hardly any place in Kerala which could not be reached by over-night journey from any place in Kerala. Therefore even after election any person can reach his home town to celebrate Vishu. Petitioner's further case is that continuous holidays available from the date of election will lead to lesser people participating in the election as they would go on holidays from the place of work or WP(C) No.9526/2011 2 residence. However, what is seen is that 14th April is declared as a holiday by the Central Government only after notifying the election date as 13th April. In any case we do not find any merit in this case because casting vote is not compulsory and it is upto the voter to decide whether he should exercise his right. Necessarily this may involve some sacrifice and botheration and those interested will exercise their voting right by taking little trouble. Consequently we dismiss the Writ Petition. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk