IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10981 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------ A.SUNIL KUMAR,SUNIL NIVAS,MAYYANAD, KOLLAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS, SRI.MATHEW SUNNY, SRI.ANOOP V.NAIR. RESPONDENT(S): --------------------------- 1. THE COMMISSIONER OF POLICE, KOLLAM CITY,KOLLAM-691 013. 2. THE CIRCLE INSPECTOR OF POLICE, EAST POLICE STATION,KOLLAM-691 001. 3. DEVAKUMAR,RETURNING OFFICER,ELECTION TO BOARD MEMBERS OF KOLLAM REGION,S.N.TRUST, KOLLAM-691 001. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R3 BY ADV. SRI.P.GOPALAKRISHNAN (MVA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10981/2011 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION FILED BY THE PETITIONER DTD.4/4/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.10981 of 2011 ------------------------------------------- Dated this the 7th April, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with a prayer that police protection may be afforded for the peaceful and orderly conduct of election to the Kollam region of S.N.Trust. The election is scheduled to take place on 9.4.2011. All arrangements have been made. The third respondent is the Returning Officer. Elections are to be held at five different regions/centres. Kollam is one of the centres. About 15,000 persons are there for casting their votes at Kollam Region/Centre. According to the petitioner, he apprehends violence in the polls to be conducted. He therefore prays that police protection may be ordered. According to the petitioner, though he had complained to the police, the police have taken the stand that it will be difficult to afford protection as the Prime Minister of the Country is expected to visit Kollam on 9.4.2011. If that be the case, the petitioner prays that the election may be postponed to another day. 2. The third respondent has entered appearance. The third WPC No.10981/2011 2 respondent Returning Officer submits that the third respondent does not anticipate any law and order problems in the election. The election is being conducted by a Chief Electoral Officer appointed by the S.N.Trust. He is said to be an advocate practising in this Court. The Chief Electoral Officer has not been made a party to the proceedings. The S.N.Trust was also not made a party. They have not sought any police protection. It is not possible for the third respondent to take a decision on postponement of the election. According to the third respondent, it is unnecessary to postpone the election. That will cause much inconvenience, hardship and difficulties. 3. A suit was filed before the Munsiff's Court, Kollam as O.S.No.138 of 2011 with a prayer to postpone the election. The same has been dismissed already. The attempt is only to prolong and protract the election. This petition may in these circumstances be dismissed, it is prayed by the third respondent. 4. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that Prime Minister is scheduled to visit Kollam on 9.4.2011 and the police have genuine difficulty of shortage of personnel. In these circumstances, police have explored the possibility of postponing WPC No.10981/2011 3 the election. A direction for police protection at this juncture is likely to cause difficulties to the police. Deployment of personnel will be difficult, submits the learned Government Pleader. 5. We take note that the elections have been scheduled to be held on 9.4.2011 long back. We take note of the submission of the third respondent that the third respondent by himself cannot take a decision on postponement of the election. We are in these circumstances satisfied that respondents 1 and 2 can be directed to afford adequate police protection. If necessary, the police personnel from adjacent districts can be requisitioned by respondents 1 and 2. 6. This petition is in these circumstances allowed. Respondents 1 and 2 are directed to afford adequate and sufficient police protection for the peaceful and orderly conduct of election to Kollam region, S.N.Trust on 9.4.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/