IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 10824 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------- NEYYATTINKARA TALUK INTEGRATED POWERLOOM VILLAGE INDUSTRIAL CO-OPERATIVE SOCIETY LTD. NO.PLI(T)-704,KARODE,UCHAKADA PO,NEYYATTINKARA TALUK,THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): ---------------------------- 1. SUPERINTENDENT OF POLICE(RURAL), THIRUVANANTHAPURAM 695 001. 2. CIRCLE INSPECTOR OF POLICE,PARASALA, THIRUVANANTHAPURAM 695 502. 3. SUB INSPECTOR OF POLICE, POZHIYOOR, THIRUVANANTHAPURAM 695 513. *ADDL.R4 IMPLEADED: R4. THE RETURNING OFFICER (SRI NOBERT SENIOR CO-OPERATIVE INSPECTOR INDUSTRIES, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM - 695 001. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 6/4/2011 IN I.A.NO.6487/2011) R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10824/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION NO.1 DTD. 01/02/2011. P2: COPY OF THE ORDER. P3: COPY OF THE ELECTION NOTIFICATION ON 26/02/2011. P3(A): COPY OF THE RENOTIFICATION. P4: COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHOOMI DAILY DTD. 30/03/2011. P5,P5(A),P5(B):COPIES OF THE PETITIONER SUBMITTED TO THE RESPONDENTS. P6: COPY OF THE JUDGMENT IN WRIT PETITION NO.8764/2010 DTD.22/3/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:10824 OF 2011 C ----------------------------------------------------------- Dated this the 12th April, 2011. JUDGMENT Basant, J. The petitioner is a co-operative society. Election to the board of directors of the co-operative society is scheduled to take place on 7-5-2011. The petitioner apprehends that there may be resort to violence interfering with the free and fair process of elections. It is in these circumstances that the petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 to 3 to afford protection for the election. Fourth respondent is the Returning Officer who is in charge of the conduct of elections. 2. The learned counsel for the petitioner submits that the past instances prompt the petitioner to make this request for police protection. The police may be directed to take all necessary steps to ensure that the electoral process passes on without any hindrance or obstruction. That is the short prayer of the petitioner. WPC 10824/2011 2 3. The learned Govt. Pleader has entered appearance for respondents 1 to 4. The learned Govt. Pleader submits that all necessary arrangements for the proper and peaceful conduct of the election shall be taken by respondents 1 to 3. This assurance may be recorded. No further specific directions are necessary submits the learned Govt. Pleader. 4. We have considered all relevant inputs. We find that the concern of the petitioner is absolutely justified. We are in these circumstances satisfied that the undertaking of the learned Govt. Pleader on behalf of respondents 1 to 3 can be accepted and this petition can now be closed. 5. In the result; a) This petition is allowed. b) We accept the submission of the learned Govt. Pleader on behalf of respondents 1 to 3 that all necessary steps to afford protection to the petitioner for the peaceful and orderly conduct of the election shall be taken by respondents 1 to 3. c) If there be any necessity fourth respondent or the petitioner shall be at liberty to complain to respondents 1 to 3 WPC 10824/2011 3 whereupon they shall take necessary action in accordance with law to afford the necessary police protection. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 10824/2011 4