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2025 Supreme(Ker) 3023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
N.M. Taha S/O. Mohammed – Appellant
Versus
Kerala State Election Commission – Respondent


Advocates Appeared:
For the Appellant : ADV SMT.KAVERY S THAMPI
For the Respondent:  ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, SMT.JESSY S.SALIM, GP

Table of Content
1. concerns regarding polling booth adequacy and voter rights. (Para 1 , 3 , 4)
2. court observations on the electoral process and voter access. (Para 2 , 12 , 13)
3. arguments presented by both petitioners and state election commission. (Para 5 , 6)
4. judicial reasoning regarding the necessity of polling arrangements. (Para 10 , 11)
5. final directions to enhance electoral preparations. (Para 15)

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The main apprehension raised in these writ petitions is that not all voters may be able to cast their votes at the polling booths set up by the Election Commission for the ensuing Local Self Government Institutions election 2025 in Kerala within the statutory time allotted for polling. I will discuss it in detail in this judgment.

2. In a democracy, if a voter reaches the polling booth but leaves the polling station without casting his vote upon seeing a long queue of voters, that is the death knell of democracy and reflects nothing but the failure of democracy. Long queues can be a barrier to voting, especially for those with limited time, mobility, or resources. The long wait may be due to inadequate polling booth infrastructure, insufficien

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