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2026 Supreme(Online)(Ker) 12567

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
M.A. THANKKAPPAN – Appellant
Versus
THE DISTRICT POLICE CHIEF – Respondent
WP(C) NO.26242 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.BIJU .C. ABRAHAM
For the Respondents: SMT.P.K.SANTHAMMA, SHRI.AVINASH K.KRISHNAN, SMT. SYLAJA S.L.

The Court maintained that absent substantial claims of obstruction, it will not interfere in electoral processes, allowing for subsequent applications for protection as necessary.

Headnote:The case involves a writ petition where the petitioner sought police protection to conduct elections in a society amidst obstruction by the respondents. The Court acknowledged the lack of substantial claims against the obstruction and decided not to interfere, facilitating the petitioner's rights to seek protection if necessary. The judgment reaffirms procedural adherence and discretion in electoral matters.

Table of Content
1. petitioner's election authority and obstruction claims. (Para 1)
2. presenting legal representatives' arguments. (Para 2)
3. court's determination on the merits of interference. (Para 4)

JUDGMENT

The petitioner is stated to be a member of the 3rd respondent herein. He is stated to have been elected as the Election Commissioner for conducting elections for various posts in the 3rd respondent Sabha, during the period 2024- 2027. The petitioner states that the 4th respondent and his allies are preventing the petitioner from conducting the election, as above. It is in such circumstances that the petitioner has approached this Court, relying on the representation at Ext.P7, filed before the 1st respondent herein, seeking police protection.

2. Heard Sri.Biju C. Abraham, learned counsel for the petitioner, as well as Smt.S.L.Sylaja, learned Government Pleader for respondents 1 and 2, and Smt.P.K.Santhamma, learned counsel appearing for the 4th respondent herein. 3. While admitting the writ petition on 09.08.2023, this Court had not issued any interim protection to the petitioner herein, nor was any direction issued to the police authorities to provide the protection, at any point of time.

4. As already noticed, the petitioner requires only to conduct elections to the 3rd respondent Sabha. Apart from stating that the 4th respondent has obstructed the conduct of elections, no further details as regards the action of the 4th respondent for the last almost three years have been brought on record. In such circumstances, I am of the opinion that no circumstances warranting the interference of this Court is made out.

Therefore, this writ petition would stand dismissed.

However, this will be without prejudice to the right of the petitioner to approach the police authorities, if necessity arises.

Sd/-

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