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2010 Supreme(Ker) 870

IN THE HIGH COURT OF KERALA
K.M. Joseph, M.C. Hari Rani, JJ.
Satheesan S/o. Gopalan & Anr. - Petitioners
Versus
The State Election Commission & Ors. - Respondents
W.P.(C) Nos. 32007, 32022, 32028, 32026, 32262, 32267, 32271, 32266, 32268, 32269, 32270, 32298, 32218, 32234, 32235, 32255, 32273, 32279, 32281, 32299, 32306, 32327, 31476, 31843, 31845, 31809, 31785, 31824, 31728, 31717, 31803, 31782, 31779, 31811, 31792, 31794, 31793, 31781, 31786, 31791, 31889, 31892, 31937, 31899, 31985, 31877, 31992, 31965, 31968, 31938, 31939, 31935, 31975, 31761, 32253 & 32339 of 2010
Decided On : 21-10-2010

Advocates:
Advocate Appeared:
For the Petitioners: Sri. K.V. Anil Kumar, C.K. Khalid, T.P. Sajid
For the Respondents: Murali Purushothaman, T.K. Vipin Das, K. Siju

Headnote:

Election - Local Bodies - Kerala Panchayat Raj Act, Section 40A, Section 96A - The judgment discusses the conduct of free and fair elections to the Local Bodies in Kerala, addressing concerns raised by petitioners regarding sensitive polling stations and the need for police protection. The court analyzed the provisions of Rule 31 to Rule 33 of the Kerala Panchayat Raj (Conduct of Election) Rules, 1995, and Section 48A of the Kerala Panchayat Raj Act, 1994, which deal with the identification of electors, safeguards against pronation, and the deputation of officers to the Election Commission. The court emphasized the importance of conducting elections to local bodies in a free and fair manner and directed the police to provide adequate protection to candidates, agents, and voters. The court also addressed the issue of allowing videography at sensitive and vulnerable polling stations, providing guidelines for the District Collector to make decisions on such requests.

Fact of the Case:

The petitioners, including the Chairman of the Election Committee and candidates for the forthcoming local body elections in Kerala, raised concerns about the conduct of free and fair elections, particularly regarding sensitive polling stations. They sought police protection and videography of the electoral process to ensure fairness.

Finding of the Court:

The court directed the police to provide adequate protection to candidates, agents, and voters, emphasizing the importance of conducting free and fair elections to local bodies. It also provided guidelines for allowing videography at sensitive and vulnerable polling stations, with the expenses to be borne by the petitioners.

Issues: The main issues revolved around the classification of sensitive polling stations, the need for police protection, and the request for videography at polling stations. The court also addressed the criteria for identifying electors and safeguards against pronation.

Ratio Decidendi: The court emphasized the duty of the Election Commission and police officers to conduct elections to local bodies in a free and fair manner. It relied on the provisions of Rule 31 to Rule 33 of the Kerala Panchayat Raj (Conduct of Election) Rules, 1995, and Section 48A of the Kerala Panchayat Raj Act, 1994, to support its directives regarding police protection and videography at polling stations.

Final Decision: The writ petitions were disposed of with the court's directions to provide police protection and guidelines for allowing videography at sensitive and vulnerable polling stations.

JUDGMENT :

K.M. Joseph, J.

This batch of Writ Petitions raise essentially common questions.

2. One of the petitioners is the Chairman of the Election Committee. In most of the cases, the petitioners are candidates in the forthcoming election to the Local Bodies scheduled to be held on 23.10.2010 and 25.10.2010. In a few cases, the petitioners are agents of the candidates. Petitioners have approached this Court apprehending that the elections to the Local Bodies will not be conducted in a free and fair manner. Various types of allegations have been raised. In some of the Writ Petitions, allegations are fairly general. In some other Writ Petitions, allegations are more specific. The allegations in many cases are to the effect that the polling stations are sensitive. The reliefs which have been sought in these Writ Petitions essentially are to grant police protection to the candidates, to their agents and also for the voters, so that the election is held in a free and fair manner. In many of the Writ Petitions, there is a prayer that the Election Commission Officials may be directed to videograph the electoral process in their polling stations.

3. A statement has been filed on behalf of the State Election Commission. Therein it is inter alia stated as follows:

"3. There are 21612 Local Self Government constituencies in Kerala. There are 37233 polling booths in the State housed in 22061 building.

4. The State Election Commission has taken all steps for the conduct of a free and fair election. Meetings were held with the Chief Secretary of the State, Director General of Police and other top police officials, District Collectors and other senior officers of the State.

5. Sensitive and troublesome areas in the State were identified through the District Superintendents of police and the District Collector. Senior officials of the Government have been nominated as Observers in consultation with the Government for overseeing/observing the election in terms of Section 40A of the Kerala Panchayat Raj Act and Section 96A of the Kerala Municipality Act. The Observers have been given instructions to keep close watch of sensitive areas including polling stations and other areas which they deem fit. They have been provided with vehicles and mobile phones to exercise their duties.

7. It is reported that 3218 polling stations in the State are situated in politically sensitive areas. The district wise number of polling stations identified as sensitive is given below.

Name of District

Number of polling stations identified as sensitive

Number of polling stations identified as vulnerable

Thiruvananthapuram

118

 

Kollam

89

 

Pathanamthitta

60

 

Alappuzha

233

 

Kottayam

52

 

Idukki

Nil

 

Ernakulam

442

 

Thrissur

31

 

Palakkad

80

42

Malappuram

58

 

Kozhikode

396

 

Kannur

1345

84

Wayanad

49

 

Kasaragod

265

 

126 polling stations are identified as vulnerable. In Idukki there is no polling station identified as sensitive. In all other districts there are number of polling stations which are identified as sensitive. 1345 polling stations in Kannur District are identified as sensitive and this is the largest number of sensitive polling stations in the State followed by Ernakulam at 442 and Kozhikode at 3rd position with 396 polling stations.

"8. Sufficient police forces have been deployed in these sensitive areas to meet law and order problems. Special care and attention have already been taken by the Police in these sensitive areas to provide adequate security measures to the electorate and the polling officials for the smooth conduct of election in a peaceful atmosphere.

9. All the police forces including Local Police, Armed Battalion, District Armed Force, Crime Branch, Special Branch, Vanitha Police etc. are being deployed throughout the St



























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