IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 32639 of 2010(D) -------------------------- PETITIONER(S): --------------- 1. FATHIMA BEEVI,KAYAKKANDI HOUSE, ADUKKATH PO, MARUTHONKARA,KOZHIKODE. 2. K.P.ABDUL RAZACK,EDAKKOTTUMMAL HOUSE, ADUKKATH PO,MARUTHONKARA,KOZHIKODE. 3. DEVI,AMBALAKKANDI,MOILOTHARA PO, MARUTHONKARA,KOZHIKODE. 4. SHANI NADUKANEEMMAL,NADUKANEEMMAL HOUSE, MOILOTHARA PO,MARUTHONKARA,KOZHIKODE. 5. KOORARA BINDU,KOORAREMMAL HOUSE, MARUTHONKARA PO,KOZHIKODE. 6. NAMITHA,KANATHIL HOUSE,MARUTHONKARA PO, KOZHIKODE. 7. SREEJITH,KUNNATHUCHALIL HOUSE, MOILOTHARA PO,MARUTHONKARA,KOZHIKODE. 8. K.J.SEBASTIAN,KUNNIPPARAMBIL HOUSE, PASUKKADAVU PO,MARUTHONKARA,KOZHIKODE. 9. JOSE,PUTHUKULANGARA,PASUKKADAVU PO, MARUTHONKARA,KOZHIKODE. 10. JEEVANS,KONUKUZHIYIL HOUSE, VANNATHICHIRA PO,MARUTHONKARA,KOZHIKODE. 11. SANTHOSH,VATTAKKANDI HOUSE, MARUTHONKARA PO, KOZHIKODE. 12. SARADA,PATTYATT HOUSE, MARUTHONKARA PO, KOZHIKODE. 13. KILAYIL RAVEENDRAN,KILAYIL HOUSE, ADUKKATH PO, MARUTHONKARA,KOZHIKODE. 14. MUBARAK,EDATHIL HOUSE, ADUKKATH PO,MARUTHONKARA,KOZHIKODE. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. THE STATE ELECTION COMMISSION FOR THE LOCAL BODIES,THIRUVANANTHAPURAM-1, REP.BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR,COLLECTORATE, CIVIL STATION,KOZHIKODE 673 020. 3. THE RETURNING OFFICER,G-17,MARUTHONKARA, PANCHAYATH,KOZHIKODE 673 513. 4. THE SUPERINTENDENT OF POLICE, PUTHUPPANAM,VADAKARA,KOZHIKODE 673 101. 5. THE DEPUTY SUPERINTENDENT OF POLICE, VADAKARA,KOZHIKODE 673 101. 6. THE CIRCLE INSPECTOR OF POLICE, KUTTIADI,KOZHIKODE 673 508. 9. THE SUB INSPECTOR OF POLICE,' THOTTIPPALAM,KAVILUMPARA PO,KOZHIKODE 673 513. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 BY G.P.SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ----------------------------------------------- W.P.(C) No.32639 of 2010 ----------------------------------- Dated this the 26th day of October 2010 J U D G M E N T Petitioners have approached this Court seeking the following reliefs :- “i. Issue a writ of mandamus or other writ or order directing the respondents to act upon Ext.P1 to P4 ensuring law and order situation properly enabling the voters to reach the polling station and to exercise where votes peacefully without any obstruction of hindrance in whatsoever manner. ii. Direct the respondents to deploy necessary police officials giving adequate police protection to the voters, candidate and authorized agents ensuring peaceful conduct of the election in Ward No.1 to 14 of Maruthonkara Grama Panchayath by acting upon Ext.P1 to P4. iii. Direct the respondents 1 to 3 to allow necessary video graph in and around the polling booths where the W.P.(C) No.32639 of 2010 -: 2 :- votes are being polled in connection with the election of the petitioners as candidates in Ward No.1 to 14 in the Maruthonkara Grama Panchayath ensuring that impersonation and other election offences are not being allowed to commit in whatsoever manner.” 2. The case of the petitioners in brief as follows:- Petitioners are candidates from Ward No.1 to 14 of the G 17 Maruthonkara Grama Panchayath. From 2008 onwards political rivalry exists in respect of Maruthonkara Service Co-operative Bank Ltd. in that area. It is stated that large scale violence and massive attacks were done at the instance of LDF against UDF persons from the very inception of the declaration of election and filing of nomination papers. They submit that for the last several years political rivalry exist in that area and hence the office bearers of the UDF alliance as well as the petitioners submitted Exts.P1 to P4 petitions before the authorities. 3. We heard the learned counsel for the petitioners, the learned Standing Counsel appearing on behalf of the Respondent Nos.1, 2 & 3 and the learned Government W.P.(C) No.32639 of 2010 -: 3 :- Pleader on behalf of the Respondent Nos.4 to 7. 4. The learned Standing Counsel appearing on behalf of the Commission submits that the State Election Commission has issued a proceedings dated 26.10.2010 addressed to the Director General of Police to deploy police force in that area and to see that the District Collector takes steps for arranging of videography. The learned Standing Counsel would also submit that as far as the request for videography made by the petitioners is concerned, that will be allowed. [Ofcourse, the petitioners will have to meet the expense of the videography.] 5. The learned Government Pleader would submit that, the request of the Commissioner will be complied with and sufficient police force will be deployed so that the election is held in a safe and fair manner. The learned Government Pleader would also submit that there will be general police patrolling done so as to ensure that the polling is conducted in a smooth manner. W.P.(C) No.32639 of 2010 -: 4 :- We record these submissions and dispose of this writ petition in the above manner. Petitioners shall produce a copy of this judgment before the District Collector for proper compliance. K.M.JOSEPH, JUDGE. M.C.HARI RANI, JUDGE. Jvt