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2026 Supreme(Online)(Ker) 26327

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
KUNHIKRISHNAN.V – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 13894 OF 2026|WP(C) NO. 13597 OF 2026|WP(C) NO. 13606 OF 2026|WP(C) NO. 14013 OF 2026|WP(C) NO. 14273 OF 2026|WP(C) NO. 14333 OF 2026|WP(C) NO. 14385 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.S.BINU, SMT.K.SEENA, SRI.MAHESH V RAMAKRISHNAN, SRI.U.P.BALAKRISHNAN, SRI.C.H.ABDUL RASAC, SRI.ABDUL RAOOF PALLIPATH, SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RITHIK S.ANAND, SHRI.RISHI VARMA T.R., SHRI.SREEJITH A., SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SRI.AZAD SUNIL, SRI.T.P.ARAVIND, SRI.RAAJESH S.SUBRAHMANIAN, SRI.M.AJAY, SRI.DEEPU LAL MOHAN, SRI.P.SREEKUMAR, SMT.DAYA SINDHU SREEHARI, SMT.K.AMMINIKUTTY
For the Respondents: SRI.RAJEEV JYOTHISH GEORGE

The court upheld that the Election Commission's assurance for maintaining a secure electoral environment is paramount, and general apprehensions of violence without specific evidence do not warrant additional directives.

Headnote:(A) Constitution of India - Article 324 - Conduct of elections - The court considered the necessity for police protection during elections, addressing petitions related to threats against candidates and electoral workers during the Kerala Legislative Assembly Elections 2026. The petitioners cited apprehensions of violence and requested significant police presence and measures for free and fair elections. The Election Commission assured that comprehensive arrangements had been made, including vulnerability mapping and deployment of Central Armed Police Forces, and the Court found the assurances sufficient to ensure electoral integrity. (Paras 1-20)

(B) Writ petitions for police protection - The court emphasized that the Election Commission is responsible for ensuring free and fair elections, reaffirming the principle that once the election process has commenced, the superintendence and control of elections rests with it. The court noted the lack of specific evidence for the petitioners' claims of threat and violence, thus supported the stance that general assurances from the ECI sufficed. (Paras 14-19)

(C) The court ultimately decided that no additional directives were necessary beyond observing the actions already taken by the Election Commission and the police.

Result: Writ petitions disposed of.

Table of Content
1. jurisdiction and context of the writ petitions. (Para 1)
2. petitioners seek police protection due to threats during elections. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
3. election commission's statement on election arrangements. (Para 9 , 10 , 11)
4. elections managed under article 324 by the election commission. (Para 12 , 13 , 14)
5. (Para 15 , 16 , 17 , 18 , 19 , 20)

JUDGMENT

These seven writ petitions have been filed seeking grant of police protection and other similar reliefs. Since the primary contentions are all revolving around providing adequate police protection during the course of elections, these writ petitions are disposed of together by this common judgment. The reliefs include grant of police protection to some of the candidates in few of the constituencies of the Kerala General Assembly Election 2026, to the Polling Agents as well as to the voters of the constituencies to which these writ petitions relate to. In one of the writ petitions, there is a prayer for deployment of the Central Armed Police Force as well, for the effective conduct of the elections.

2. In W.P.(C) No.13894 of 2026, the petitioner is a candidate from Payyannur Constituency. He alleges that he had shifted his allegiance from the party which is presently in power, in the State of Kerala and had defected before the elections. According to him he is standing in the elections as an independent candidate with the support of the United Democratic Front. Petitioner alleges that he apprehends threat to his life on the date of polling apart from threats to his polling agents and others and hence he seeks police protection.

3. W.P.(C) No.14013 of 2026 is filed by the Convener of the Left Democratic Front at the Taliparamba Assembly Constituency. He seeks police protection to the candidate of the front in the said constituency, apart from protection to the voters and others in connection with the elections. It is pleaded that there exists a serious law and order situation and threat to the life of the candidate and party workers during the course of elections and hence there is every possibility of the democratic process being subverted. The petitioner has prayed for the grant of protection not only to the candidate but also to the petitioner.

4. W.P.(C) No.13606 of 2026 is filed by the Chief Election Agent of the United Democratic Front and seeks protection for the candidate contesting from the Nadapuram Assembly Constituency. It is alleged that there is every possibility of widespread booth capturing, impersonation and bogus voting and other criminal activities and hence he seeks police protection to the voters, the polling officers and polling agents for the conduct of a free and fair election. Petitioner has also sought for installation of web cameras in the problematic booths in the said constituency.

5. In W.P.(C) No.14385 of 2026, the Chief Polling Agent of the candidate of the Left Democratic Front at Nadapuram Constituency has approached this Court, referring to the history of the past elections and the fear inculcated amongst the voters and the candidates. He also seeks directions for immediate preventive measures to be initiated to ensure free and fair election at Nadapuram Legislative Assembly Constituency. Petitioner has also sought for adequate police forces to be deployed to prevent any illegal activities during the course of the election and also to ensure continuous monitoring of polling booths, including videography, to guarantee transparency in the electoral process.

6. W.P.(C) No.13597 of 2026 is filed by the candidate of the Taliparamba Legislative Constituency who is standing as an independent candidate supported by the United Democratic Front. He also alleges that there are attempts to indulge in booth capturing, casting of bogus votes, threatening the booth agents by the associates of the opposing party, thereby obstructing the conduct of free and fair election. Petitioner has also sought deployment of sufficient police fo

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