IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21741 of 2008(L) -------------------------- PETITIONER: ------------ ASHARAF, AGED 45 YEARS, S/O.THANGAL KUNJU, SECRETARY, MUSLIM JUMA-ATH, KUTTITHERUVU, PERINGALA P.O., KAYAMKULAM. BY ADV. SRI.N.SURESH RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM. BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 21741 OF 2008-L ----------------------------------------- Dated 18th July, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the Secretary of the Muslim Jama-ath, Kuttitheruvu, Peringala, Kayamkulam. The general body of the Jama-ath, for election of its office bearers, is scheduled to be held on 20.7.2008. The petitioner apprehends that some miscreants may disrupt the peaceful holding of the election. Therefore, he has preferred Ext.P2 representation before the police for rendering necessary police protection for the peaceful conduct of the election. 2. The petitioner is a private organisation. If some of the members of the Jama-ath disrupt the holding of the general body, the petitioner can move the civil court and seek appropriate remedies against them. If so directed by the civil court, the police can also interfere in the matter. We feel that the police cannot be asked to grant protection for the conduct of election by private bodies like that of the Jama-ath. This is the stand WPC 21741/08 2 consistently taken by us. Therefore, the writ petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/