Kerala High Court T.Siddique vs State Of Kerala PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH DAY OF APRIL 2014/19TH CHAITHRA, 1936 WP(C).No. 10258 of 2014 () PETITIONER(S): T.SIDDIQUE, AGED 39 YEARS, S/O.KASIM THUPAKKODU HOUSE, MERIKUNNU.P.O, KOZHIKODE, PIN673012.THE CANDIDATE OF UNITED DEMOCRATIC FRONT(UDF), NO.1 KASARAGOD PARLIAMENT CONSTITUENCY, KERALA STATE. BY ADVS.SRI.P.CHANDRASEKHAR SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM695001. 2. THE ELECTION COMMISSIONER OF INDIA, NIRVACHAN SADAN, ASOKA ROAD, NEW DELHI100001 REPRESENTED BY THE CHIEF ELECTION COMMISSIONER. 3. THE CHIEF ELECTORAL OFFICER, KERALA STATE, THIRUVANANTHAPURAM695001. 4. THE DIRECTOR GENERAL OF POLICE, KERALA POLICE HEAD QUARTERS THIRUVANANTHAPURAM695001. 5. THE DISTRICT COLLECTOR, KASARGOD671121. 6. THE DISTRICT POLICE CHIEF, KASARGOD671121. BY GOVERNMENT PLEADER SMT. K.T.LILLY R2 & R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELECTION COMMISSION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09042014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10258 of 2014 () APPENDIX PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 29.03.2014 TO THE 2ND RESPONDENT WITH COPIES TO OTHER RESPONDENTS. EXT.P2 COPY OF THE LIST OF SENSITIVE POLLING BOOTHS AND POLLING STATION IN KASARGOD PARLIAMENT CONSTITUENCY. RESPONDENTS' EXHIBITS/ANNEXURUES : ANXA COPY OF LETTER NO.464/INSTVS/2014EPS DATED 21.03.2014 ISSUED BY THE 2ND RESPONDENT. ANXB COPY OF ORDER NO.3/4/ID/2014/SDRVOL.1 DATED 02.04.2014 ISSUED BY THE 2ND RESPONDENT. ANXC COPY OF THE PRESS NOTE ISSUED BY THE COMMISSION NO.ECI/PN/15/2014 DATED 15.03.2014. // True Copy // P.A. To Judge DSV/24/04 P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 10258 of 2014 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 9th day of April, 2014 JUDGMENT The petitioner has approached this Court with the following prayers : (i) Issue a writ of mandamus or any other writ order or direction directing the Respondents to consider Ext. P1 petition of the petitioner and take effective steps to ensure free and fair election by ensuring free and peaceful voting in the sensitive polling booths enumerated in Exhibit P2 list by adopting the remedial measures including deployment of para military forces and due verification of identity proof issued by State/Central Government as suggested by the petitioner in Ext. P1 petition, without any delay, forthwith as this Hon'ble Court may be pleased to grant on the facts and circumstances of the case. (ii) Issue appropriate directions to the respondents for confining the voting timings in the sensitive polling booths pointed out by the petitioner as per Exhibit P2 to the earlies existed timings of 7.00 am to 5.00 p., so as to minimize the chances of malpractices. W.P.(C) No. 10258 of 2014 : 2 : 2. Respondents 2 and 3 have filed a detailed statement pointing out the actual facts and figures and various measures taken to see that free and fair election is conducted in Kerala and also throughout the country. The apprehension with regard to the various documents to be produced enabling the voter to cast his vote has been stated as remedied, as given in paragraph 12 , which reads as follows : "12. The apprehension of the petitioner as regards distribution of Photo Voter Slip to the electors is also misplaced. As regards distribution of Photo Voter Slip to the electors the Election Commission has issued letter No. 464/INSTVS/2014EPS dated 21.03.2014 to all the Chief Electoral Officers of the States and Union Territo