IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7501 of 2011(K) ------------------------- PETITIONER(S): --------------- SOMAN K.N, AGED 58 YEARS, S/O NARAYANA MARAR KAROTTEDATH, KUNDUMANGOT, KEEZHPALLY P.O ARALAM VILLAGE, THALASSERY TALUK, KANNUR DISTRICT-670 704 BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.A.J.JOSE(AEDAIODI) RESPONDENT(S): --------------- 1. THE RETURNING OFFICER, ARALAM GRAMA PANCHAYAT KANNUR DISTRICT-670 704 2. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM- 695 001 REPRESENTED BY ITS SECRETARY 3. THE DISTRICT COLLECTOR, KANNUR-670 001 ADV.SRI.MURALI PURUSHOTHAMAN-R2 GOVERNMENT PLEADER SMT.K.R.DEEPA-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.7501 of 2011 ---------------------------- Dated this the 9th day of March, 2011 JUDGMENT The petitioner who is a polling agent of one of the candidates contesting in the by-election from Ward No.III of the Aralam Grama Panchayat filed this writ petition mainly with a prayer to issue writ of mandamus commanding the respondents to ensure a free and fair election to the Aralam Grama Panchayat. In fact, the election for Ward No.III of Aralam Grama Panchayat was scheduled to be held on 8.3.2011. Apprehending the disruption in the election, one of the candidates by name Lissy John had earlier approached this Court by filing WPC NO.6647/2011 seeking Police protection. The said writ petition was allowed by this Court as per order dated 4.3.2011 and the Superintendent of Police, Kannur, the Deputy Superintendent of Police, Iritty, the C.I of Police, Iritty and the Sub Inspector of Police, Aralam were directed to afford adequate and effective police protection for the peaceful and orderly conduct of by- election to Ward No. III of Aralam Grama Panchayat scheduled to be held on 8.3.2011. The contention of the petitioner is that despite the specific direction by this Court to grant adequate WPC No.7501/2011 2 police protection polling could not be conducted peacefully on account of commotion and violence. Election Commission has ordered for re-polling in Booth No.2 of Ward No.III of Aralam Grama Panchayat under section 72 (2)(a) of the Kerala Panchayat Raj Act. It is in the said circumstances that this writ petition has been filed with the aforesaid prayers. 2. I have heard the learned counsel for the petitioner, the learned standing counsel for the respondents 1 and 2 and the learned Government Pleader. 3. The submission made by the learned counsel appearing for the respondents 1 and 2 would reveal the circumstances under which re-polling was ordered. In fact, it is evident from the proceedings of the said Election Commission No.141/2011/SEC dated 8.3.2011, that made available by the learned counsel appearing for the respondents 1 and 2. It reads thus:- “The District Collector, Kannun and Returning Officer, Aralam Grama Panchayat vide reference cited above have reported that there was clash inside the polling station and in the ensuing melee ink had been poured into the ballot box and election papers including list of challenged votes have been destroyed by a group of people in the bye election held on 8.3.2011 in Booth No.2 of 3 Kundumangode constituency in G.68 Aralam Grama Panchayat. As WPC No.7501/2011 3 per the report of the District Election Oficer and Returning Officer, Kannur the damage was to such an extent that the result of the poll at theswe polling stations cannot be ascertained.” As per the said letter which was issued by invoking the power under section 72 (2)(a) of the Kerala Panchayat Raj Act the election commission declared poll in Booth No.2 of Ward No.III of Kundumangode constituency in G.68 Aralam Grama Panchayat as void and appointed 10th day of March, 2011 as the polling date for taking a fresh poll at the said polling station fixing the polling time between 7 a.m and 5 p.m. Pursuant to the said letter No.141/2011/SEC dated 8.3.2011 a notification has been issued on the same day itself, in tune with the order dated 8.3.2011. Thereafter the secretary to the election commission addressed the District Collector, the 3rd respondent requiring him to take all steps for conducting polling in Booth No.2 of Ward No.III of Aralam Grama Panchayat, peacefully. The District Collector was also required to declare a holiday on 10.3.2011. It is submitted that pursuant to the same, the District Collector declared 10.3.2011 as a local holiday for the purpose of conducting polling in Booth No.2 of Ward No.III of Aralam Grama panchayat. Considering the untoward incidents occurred on 8.3.2011, the WPC No.7501/2011 4 Election Commission issued certain specific instructions to the District Collector and virtually directed the District Collector to take certain specific steps and action to ensure a free, fair and peaceful polling, as per the said proceedings No.141/2011/SEC dated 8.3.2011. To be very specific on the aforesaid matter viz., the directions issued to the District Collector the said proceedings will form part of this order, for the purpose of identifying the specific directions. In fact, the Election Commission has also addressed the Director General of Police, Kerala to take appropriate steps to ensure the law and order situation in the said locality. He was also asked to take appropriate and adequate steps to assist the District Collector to conduct polling on 10.3.2011. In the circumstances, this writ petition is disposed of with the following directions to ensure a free, fair and peaceful polling in booth no.2 of Ward No.3 of Aralam Grama Panchayat. As already noticed hereinbefore, as per letter dated 8.3.2011, the Election Commission has directed the District Collector to take steps on those matters specifically mentioned in the said letter. The District Collector shall take steps to ensure strict adherence to the directions and instructions in the said letter dt.8.3.2011 issued by the Election WPC No.7501/2011 5 Commission for the purpose of ensuring a free, fair and peaceful polling. Evidently, as per the said letter dated 8.3.2011 the District Collector was asked to seek necessary police assistance from the Superintendent of police to ensure such free, fair and peaceful polling. Since, this Court has already issued such a direction as per order dated 4.3.2011 in WPC No.6647/2011 to the Superintendent of Police, Kannur, the Deputy Superintendent of Police, Iritty, the C.I of Police, Iritty and the Sub Inspector of Police, Aralam they are bound to afford adequate and effective police protection for conducting polling in booth No.2 of Ward No.III of Aralam Grama Panchayat. Therefore, the District Collector, the Superintendent of Police, Kannur, the Deputy Superintendent of Police, Iritty, the C.I of Police, Iritty and the Sub Inspector of Police, Aralam are bound to make available adequate number of police officers in terms of the request of the District Collector for a free, fair and peaceful polling in booth No.2 of Ward No. III of Aralam Grama Panchayat. Sd/- C.T.RAVIKUMAR, Judge jma //true copy// P.A to Judge