IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 30596 of 2011(Y) ------------------------------------- PETITIONER(S): ---------------------- PUNNYAKUMARI, W/O.SURENDRAN, PRESIDENT, KOOLIYODE KSHEEROLPADAKA SAHAKARANA SANGAM LTD., NO.P-296(D) APCOS, ELAPULLY, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.K.ANILA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD, OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD, PIN-678 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PALAKKAD, PIN-678 001. 4. THE CIRCLE INSPECTOR OF POLICE, KASABA POLICE STATION, PUDUSSERY, PALAKKAD, PIN-678 007. 5. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PUDUSSERY, PALAKKAD, PIN-678 007. 6. THE DEPUTY DIRECTOR (DAIRY), OFFICE OF THE DEPUTY DIRECTOR FOR DAIRY DEVELOPMENT, CIVIL STATION, PALAKKAD, PIN-678 001. WP(C).No. 30596 of 2011(Y) -2- 7. THE RETURNING OFFICER, KSHEERA VIKASANA OFFICER, MALAMPUZHA BLOCK, KUPPIYODE, PALAKKAD, PIN-678 651. 8. VINOD, S/O.VENUGOPALAN, AGED ABOUT 32 YEARS, VELLALICHIPOTTA VEEDU, PATTATHALACHI, ELAPULLY P.O., PALAKKAD DISTRICT-678 622. R1 TO R7 BY SRI.SHYSON P.MANGAZHA, GOVERNMENT PLEADER FOR STATE ATTORNEY SRI.P.VIJAYARAGHAVAN. R8 BY ADV. SRI.JACOB SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30596 of 2011(Y): PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF ELECTION NOTICE DATED 22.10.2011 ISSUED BY THE 6TH RESPONDENT. EXT.P2.TRUE COPY OF THE VOTERS LIST OF THE SOCIETY PUBLISHED. EXT.P3.TRUE COPY OF THE REPRESENTATION TO THE 5TH RESPONDENT BY THE PETITIONER DATED 12.11.2011. RESPONDENT'S EXHIBITS: EXT.R8A. TRUE COPY OF THE JUDGMENT DATED 27.9.2011 IN WPC NO.24920/2011 OF THIS COURT. K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- W.P.(C) No.30596 of 2011-Y ----------------------------------------- Dated, this the 23rd day of November, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks police protection for the smooth conduct of the election to be held on 25.11.2011 to the Governing Body of the Kooliyode Ksheerolpadaka Sahakarana Sangam Ltd. No.P-296 (D) APCOS, Elapully, Palakkad District from the disruptive tactics that may be adopted by the 8th respondent. The case of the petitioner in brief is as follows: Petitioner is the President of the Society. The 8th respondent was an erstwhile member of the society. He lost his membership. The wife of the 8th respondent was working as Lab Assistant in the society. She was suspended and thereafter dismissed from service on the basis of enquiry. The 8th respondent is alleged to have joined hands with the local committee of the branch of CPI (M) and is aided and abetted in all his activities. The present committee of the society have members owing allegiance to the Congress party and hence the 8th respondent is aided. WPC 30596/2011 -2- 2. When this matter came up today, we heard the learned counsel for the petitioner, learned counsel for the 8th respondent and the learned Government Pleader. The learned Government Pleader would submit that he is appearing on behalf of the State Attorney. Learned Government Pleader in fact submits that even the Returning Officer has made a request for police protection. He would submit that police will see to it that elections are conducted in a fair and smooth manner. We record the same and dispose of the Writ Petition. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS