Important points:
The categorisation of polling booths as sensitive or hypersensitive at this point of time is not final and inputs are taken every day upto the date of polling and if new threat perceptions or incidence of violence or any election malpractice is detected, those polling booths may be categorised as sensitive or hypersensitive-The undertaking given by the Election Commission before this Court would serve the purpose and no further directions are warranted.

JUDGMENT :

1. These writ petitions have been filed by Candidates/election agents raising apprehensions of threats and violence by the rival party workers on the days leading to the election to the Local Self Government Institutions in the State of Kerala. In these Writ Petitions filed on the eleventh hour, the petitioners bemoan that they are facing grave threats to life on their person. They assert that they would not be permitted to canvas for votes due to the incessant threats raised against them. In all these cases, the petitioners assert that their opponents, who owe allegiance to the party in power, would get support from the executive machinery of the State and neither them nor their party workers will be permitted to approach the voters and convince them in a free manner. They contend that there would be violence on polling day and there is a reasonable possibility of their booth agents as well as the voters being threatened and obstructed. According to them, if the atmosphere in and around the polling booth is not peaceful, it would prevent voters from venturing out and casting their vote. In some of the writ petitions, the petitioners contend that their constituency is politically very sensitive and there have been incidents of poll violence during the last elections. According to them, technology has progressed to such an extent that it is perfectly possible for the Election Commission to set up cameras in and around the polling booth and carry out webcasting which would dissuade the troublemakers from interfering with the election process. In some of the writ petitions, directions are sought to be issued to the Election Commission to ensure that impersonation of voters and casting of bogus votes are avoided. They also request that enough contingent of law enforcement officers be deployed to maintain peace and calm in and around the polling stations so that the voters can exercise their franchise and elect their person of choice.

2. In some of the writ petitions, the Election Commission has not been arrayed as a respondent as the prayer is only for police protection. In the cases wherein, the Election Commission has been arrayed as a respondent, statements have been filed narrating the steps taken by the Election Commission to ensure a transparent, fair and trouble free election. Since some of the candidates asserted that the booths are hypersensitive, the Election Commission was directed to file the list of booths that they have categorised as sensitive and hypersensitive. In the statement, which has been filed, it has been stated inter alia as follows:

“2. There are 2,76,20493 voters in Kerala for the Local Self Government Institutions election. There are 21900 constituencies in Kerala with 34710 polling booths.

3. Maintenance of law and order even during the period of election is a sovereign function, which belongs to the exclusive realm of the State.

4. 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, State Police Chief and other top police officials, District Collectors and other senior officers of the State. The State Election Commission has been informed that all steps are being taken by the police to ensure a free and fair election.

5. 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.

6. To ensure free and fair election, the Polling Stations/locations which are vulnerable to law and order have to be identi?ed by the police. After the vulnerability mapping, measures to maintain law and order has to be taken by the police. The situation will be reviewed day by day.

7. Deployment of ad