IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH FEBRUARY 2007 / 16TH MAGHA 1928 WP(C).No. 3256 of 2007(K) ------------------------- PETITIONER: ------------ 1. P.S.ABDUL KHADER, PUTHENPARAMBIL MEMBER ERATTUPETTA GRAMA PANCHAYAT. 2. SIRAJ, KANDATHIL, DO. DO. 3. C.K.BASHEER, SAIDU PARAMBIL, DO. DO. 4. MUMTHAZ ZERIN ASHRAF, FATHIMA MANZIL, DO. DO. 5. RAHMATH MOHAMMED SHEREEF, KUNNARAM KUNNEL, DO. DO. 6. SALEENA RAHEEM, VALIYAVEETTIL, DO. DO. 7. P.H.NAUSHAD, PUTHENPARAMBIL, DO. DO. 8. ANAZ NAZAR, KOCHEPARAMBIL, DO. DO. 9. SUHARA ABDUL KHADAR, ELAKKAYAM, DO. DO. BY ADV. SRI.V.K.MOHAMMED YOUSUF RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, ERATTUPETTA. 2. CIRCLE INSPECTOR OF POLICE, ERATTUPETTA. 3. DEPUTY SUPERINTENDENT OF POLICE, PALAI. 4. SUPERINTENDENT OF POLICE, KOTTAYAM. 5. KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 6. PRESIDING/RETURNING OFFICER, SECRETARY & BLOCK PANCHAYAT OFFICER, BLOCK PANCHAYAT OFFICE, ERATTUPETTA. R1 TO R4 & R6 BY G.P. SHRI P.A. SALIM BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF NOTICE FOR NO CONFIDENCE MOTION ISSUED BY R6 DATED 22.1.07 EXT.P2-TRUE COPY OF PETITION TO R1 BY 9TH PETITIONER DATED 27.1.07 EXT.P3-TRUE COPY OF NEWS ITEM IN MALAYALA MANORAMA DATED 28.1.07 EXT.P4-TRUE COPY OF NEWS PAPER REPORT IN MANGALAM DAILY DT.6.1.07 EXT.P5-TRUE COPY OF PAPER REPORT IN MALAYALA MANORAMA DAILY DTED 22.12.06 EXT.P6-TRUE COPY OF PEITION SUBMITTED TO THE FIRST RESPONDENT BY THE 7TH PETITIONER DATED 3.1.07 EXT.P7-TRUE COPY OF NEWS ITEM IN KERALA KAUMUDHI DATED 11.1.07 EXT.P8-TRUE COPY OF PETITION SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS 1 TO 4 DATED 25.1.07 EXT.P9-TRUE COPY OF REPRESENTATION TO R5 AND R6 DATED 27.1.07 EXT.P10-TRUE COPY OF NEWS PAPER REPORT IN MALAYALA MANORAMA DAILY DATED 30.1.07 // TRUE COPY // J.B. Koshy & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).NO.3256 of 2007-K - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2007 JUDGMENT Koshy, J. This is a petition for police protection for conducting the Erattupetta Grama Panchayat meeting on 3.2.2007 for moving no confidence motion. It is submitted by learned Standing Counsel for the Election Commission that no confidence motion was carried. Even the authorised returning officer reported sudden illness and Election Commission appointed another authorised officer. Enquiry is also being conducted to see whether he was pretending illness. According to the petitioners, in spite of the directions issued by this Court, two Members of the Panchayat were assaulted in front of the police. Govt. Pleader submitted that police was there and complied with the directions. Question is whether complaint regarding assault was real and what action was done and whether police officers are doing their duty. If an offence is committed in front of them, it is the bounden duty of the police to see that law and order is maintained and Court orders are not violated. Police should also see that maintaining law and order shall be kept above partisan politics. 2. Since the meeting was already over, without prejudice to the right of the petitioners to file contempt petition or to take suitable action against 3256/2007 -2- the police officers or culprits who commit offence, this writ petition is disposed of. (J.B. Koshy, Judge.) (T.R. Ramachandran Nair, Judge.) kav/