IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20634 of 2011(D) -------------------------- PETITIONER(S): --------------- K.K.PRADEEP KUMAR, AGED 45, S/O.KUMARAN, R/AT KUMARAMANGALAM, EZHUKONE P.O. KOTTARAKKARA TALUK, PIN - 691505. BY ADV. SMT.T.S.MAYA (THIYADIL) SMT.K.G.BINDU RESPONDENT(S): --------------- 1. RURAL SUPERINTENDENT OF POLICE, KOTTARAKKARA, PIN - 691506. 2. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, PIN - 691506. 3. SUB INSPECTOR OF POLICE, KOTTARAKKARA, PIN - 691506. 4. B.B.GOPAKUMAR, RETURNING OFFICER, "R.SANKAR SMARAKA KOTTARAKKARA UNION, S.N.D.P.YOGAM, KOTTARAKKARA, PIN - 691506. 5. R.SANKAR SMARAKA KOTTARAKKARA UNION, S.N.D.P.YOGAM, KOTTARAKKARA, PIN - 691506 REPRESENTED BY ITS SECRETARY, G.VISWAMBHARAN. BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20634/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GENERAL BODY NOTICE OF THE R.SANKAR SMARAKA SNDP UNION, KOTTARAKKARA. EXT.P2: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P3: COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 20634 OF 2011 ------------------------ Dated this the 28th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who claims to be a member of Ezhukone Sakha Yogam affiliated to the SNDP and who is contesting as a candidate to the election which is scheduled to be conducted to various offices in Kottarakkara Union of SNDP Yogam, has approached this court seeking police protection for peaceful conduct of the election in a democratic way and for giving adequate protection to the voters for avoiding illegal acts and votes. The 4th respondent is the Returning Officer for conducting the above election. We feel that if there is apprehension that there will be disturbances and the election cannot be conducted in a peaceful and legal manner , it is for the 4th respondent to seek police protection. 2. Smt.T.S.Maya learned counsel for the petitioner submitted that, as a candidate, the petitioner also has locus WPC.No.20634/2011 2 standi. The election is scheduled to be conducted on Sunday. There is no time to take a decision with notice to the 4th respondent. 3. Under the above circumstances, we dispose of the writ petition without expressing any opinion on the correctness of the allegations and the merits of the grounds raised issuing the following directions; The first respondent, before whom Ext.P5 is seen submitted by the petitioner, will immediately look into Ext.P5, conduct necessary enquiries and take such action as is warranted by the facts revealed in the above enquiry. This will be done at the earliest. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk