IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).NO. 6647 OF 2011(E) ------------------------- PETITIONER(S): --------------- LISSY JOHN, MULLANKUZHIYIL, W/O.JOHN, AGED 44 YEARS, VELIMANAM P.O., PAYYAM (VIA), KANNUR DISTRICT, PIN - 670 704. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENT(S): ----------------- 1. THE SUPERINTENDNENT OF POLICE, KANNUR, PIN - 670 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IRITTY, PIN - 670 7043. 3. THE C.I. OF POLICE, IRITTY, PIN - 670 703. 4. THE SUB INSPECTOR OF POLICE, ARALAM, PIN - 670 704. 5. THE DISTRICT COLLECTOR, KANNUR, PIN - 670 001. 6. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 675 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R5,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO. 6647 OF 2011 :: :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE COMMUNICATION DATED 30.11.2010 OF THE STATE ELECTION COMMISSION. EXT.P2: TRUE COPY OF THE ELECTION SCHEDULE PUBLISHED ON 5.2.2011 EXT.P3: TRUE COPY OF THE ELECTION NOTICE IS PUBLISHED ON 10.2.2011 EXT.P4: TRUE COPY OF THE FINAL LIST OF CANDIDATES ON 21.2.2011. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER ON 26.2.2011. EXT.P6: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KANNUR ON 1.3.2011. EXT.P7: TRUE COPY OF THE STATEMENT FILED IN W.P.(C) NO.32262/2010 ON 21.10.2010. EXT.P7: TRUE COPY OF THE COMMON JUDGMENT DATED 21.10.2010 IN W.P.(C)NO.32262 OF 2010 - G OF THIS HONOURABLE CURT. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- R.BASANT & S.S.SATHEESACHANDRAN, JJ. --------------------------------------------------- W.P.(C)No.6647 of 2011 --------------------------------------------------- Dated this, the 4th day of March, 2011. JUDGMENT Basant, J. Petitioner, who is a candidate for the by- election to be held for electing a member for Ward No.III of Aralam Grama Panchayat, has come to this court with this writ petition claiming issue of a writ of mandamus under Article 226 of the Constitution, to respondents 1 to 4 to afford police protection for the conduct of the said by- election to be held on 08.03.2011. This petition was filed on 03.03.2011. Notice was ordered. Respondents 1 to 4 have entered appearance through the learned Government Pleader. Respondents 5 and 6 have entered appearance through the Standing Counsel for the 6th respondent i.e., the State Election Commission. W.P.(C)No.6647 of 2011 :: 2 :: 2. According to the petitioner, the petitioner apprehends violence and disruption of peaceful electoral process in the election to be held on 08.03.2011. In these circumstances, it is prayed that adequate police protection may be ordered for the peaceful and orderly conduct of the by-election. 3. Respondents 5 and 6 have filed separate statements. It is stated by respondents 5 and 6 that they also feel and perceive the need for adequate police protection for the peaceful and orderly conduct of the by- election. They have already addressed the police authorities to make adequate police protection available for the electoral process. 4. The learned Government Pleader, on behalf of respondents 1 to 4, submits that all necessary steps have already been taken by respondents 1 to 4 to afford police protection for the peaceful and orderly conduct of the by-election to be held on 08.03.2011. The learned W.P.(C)No.6647 of 2011 :: 3 :: Government Pleader submits that the services of 1 Circle Inspector, 6 Sub Inspectors, 8 Assistant Sub Inspectors, 55 Constables, including Head Constables and Women Police Constables, have been set apart for the peaceful and orderly conduct of the by-election. The learned Government Pleader, on behalf of respondents 1 to 4, submits that necessary police protection shall be given for the proper conduct of the by-election. 5. The learned counsel for the petitioner prays for video graphy at the expenses of the petitioner may be ordered. In exceptional cases, it is true that there is jurisdiction to order such video graphy for the entire electoral process. But, in the facts, we are not persuaded to agree that any extraordinary direction need be given. The request is, therefore rejected. 6. We are satisfied, in these circumstances, that this petition may be allowed. Respondents 1 to 4 are directed to afford adequate and effective police W.P.(C)No.6647 of 2011 :: 4 :: protection for the peaceful and orderly conduct of by- election to Ward No.III of Aralam Grama Panchayat, scheduled to be held on 08.03.2011. Writ petition is allowed as above. Sd/- (R.BASANT) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy//