IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21588 of 2010(W) --------------------------------- PETITIONER: -------------- J.I.NAZEER, AGED 42, S/O.JAMALUDHEEN LABBA, FATHIMA BUILDING, KUNDAYAM, WARD NO.14,PATHANAPURAM, KOLLAM DISTRICT. BY MR.PRAVEEN K. JOY, ADVOCATE. MR.ARJUN S.RAJ, ADVOCATE. MR.T.A.JOY, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY SECRETARY (LOCAL SELF GOVERNMENT), SECRETARIAT P.O. SECRETARIAT, TRIVANDRUM - 695 001. 2. STATE ELECTION COMMISSION,STATE ELECTION COMMISSION'S OFFICE, PALAYAM P.O., PALAYAM, TRIVANDRUM - 695 001. 3. DISTRICT COLLECTOR, CIVIL STATION P.O., KOLLAM - 691 001. 4. DEPUTY COLLECTOR(ELECTION), CIVIL STATION P.O., KOLLAM - 691 001. 5. DEPUTY DIRECTOR OF PANCHAYAT, KOLLAM NORTH P.O., KOLLAM - 691 001. 6. PATHANAPURAM GRAMA PANCHAYAT REP.BY ITS SECRETARY, PATHANAPURAM - 689 695. BY MR.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION FOR R2. MR.K. RAMESH, GOVERNMENT PLEADER FOR R1, R3 TO R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21588 OF 2010 --------------------------------------- Dated this the 13th day of July, 2010. J U D G M E N T The petitioner herein is from the 14th Ward of the Pathanapuram Grama Panchayath. The main grievance raised in the writ petition is against the changing of polling station from the Kundayam Ward, by the Election Officer. It is submitted that the petitioner has already filed Exhibit P7 complaint before the 2nd respondent. Various reasons have been stated by the petitioner in the writ petition with regard to the alleged illegal manner in which the polling station has been proposed to be shifted to a place 2K.M away from the present polling station that too in another Ward. 2. The 2nd respondent has filed a statement as directed by this Court. It is pointed out that Section 45 of the Kerala Panchayath Raj Act does not prescribe any specific norm for provision of polling stations except that there should be sufficient W.P.(C) No.21588/2010 2 number of polling stations for every Panchayath and that the list of polling stations shall be published with previous approval of the State Election Commission. Therefore, the State Election Commission has issued detailed guidelines to all District Election Officers for setting up of polling stations. Exhibit P7 complaint received from the petitioner by the Commission was made over to the District Collector/District Election Officer on 08.07.2010. Annexure-A is the letter issued to the District Collector in this regard. It is also mentioned in paragraph 5 of the statement that since the State Election Commission received several other complaints also regarding providing of polling stations by the District Election Officer, the State Election Commission has issued Annexure-B letter directing the 3rd respondent to consider and dispose of the complaints directly received by the District Election Officer or made over to him by the Commission in the manner prescribed in the said letter. Annexure-B shows that the direction is to complete the process by 25.07.2010. Therefore, there will be a direction to the 3rd respondent to consider the objections raised by the petitioner on its merits W.P.(C) No.21588/2010 3 before finalising the polling stations. Every efforts will be taken to see that genuine complaints are rectified. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp