IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34051 of 2009(B) -------------------------- PETITIONER(S): --------------- T.NARAYANAN NAIR, AGED 72 YEARS, S/O.RAMAN NAMBIAR, ANNUR.P.O, ANNUR, PAYYANNUR, KANNUR DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE RETURNING OFFICER, THE PAYYANNUR SERVICE CO-OP.BANK, PAYYANNUR, KANNUR DISTRICT. 3. THE SECRETARY, THE PAYYANNUR SERVICE CO-OP.BANK, PAYYANNUR.P.O, KANNUR DISTRICT. ADV. SRI.M.SASINDRAN FOR R3 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.34051 of 2009 ================== Dated this the 3rd day of December, 2009 J U D G M E N T The petitioner is a member of the Payyannur Service Co-operative Bank. The election to the Board of Directors of the Bank is to be held on 6.12.2009. The petitioner is aggrieved by the fixing of the venue of the polling as the Municipal Higher Secondary School at Kandankali, which, according to the petitioner, is an interior area, wherein a particular political party is having considerable influence and they are likely to use men and muscle power to influence the voters either to vote for their candidate or not to vote at all. Therefore, the petitioner would seek a direction to the 1st respondent to change the venue of the election to B.E.M.L.P. School or any other suitable place in Payyannur town. 2. A counter affidavit has been filed by the 3rd respondent refuting the contentions of the petitioner. I am of opinion that if the petitioner has any apprehension of law and order problem in the election, the remedy of the petitioner is to file an application for police protection. This Court cannot, on the basis of the disputed allegations, direct the venue fixed for polling to be changed, that too, at the last minute. Therefore, without prejudice to the right of the petitioner to seek police protection for the election process appropriately, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge