Vinayakumar L v State of Kerala & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942** ## **WA.No.1226 OF 2020** **AGAINST THE ORDER DATED 15.09.2020 IN WP(C) NO.18965/2020(U) OF HIGH COURT OF KERALA** ## **APPELLANT/PETITIONER IN WP(C):** **VINAYAKUMAR L, S/O. LEKSHMANAN, AGED 66 YEARS, THENNOOR, VIDYA NAGAR 27, PATTATHANAM EAST, PATTATHANAM P.O., KOLLAM-691 021.** **BY SENIOR ADVOCATE SRI. A. SUDHI VASUDEVAN ADV. SRI.JOSE JONES JOSEPH** ## **RESPONDENTS/RESPONDENTS IN WP(C):** **1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 CHIEF SECRETARY, (CHAIRPERSON, STATE EXECUTIVE COMMITTEE, STATE DISASTER MANAGEMENT AUTHORITY), GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.** **3 UNION HOME SECRETARY, (CHAIRPERSON/CHAIRMAN, NATIONAL EXECUTIVE COMMITTEE, NATIONAL DISASTER MANAGEMENT AUTHORITY), MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001.** W.A.1226/2020 2 - **4 NATIONAL DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS MEMBER SECRETARY, NDMA BHAVAN, BLOCK A-1, SAFDARJUNG ENCLAVE NAUROJI NAGAR, NEW DELHI - 110 029.** - **5 STATE DISASTER MANAGEMENT AUTHORITY OBSERVATORY HILLS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.** - **6 DISTRICT DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN (DISTRICT COLLECTOR), COLLECTORATE, KOLLAM - 691 013.** - **7 DISTRICT COLLECTOR COLLECTORATE, KOLLAM-691 013.** - **8 THE SREE NARAYANA TRUSTS REPRESENTED BY ITS SECRETARY P.O. BOX NO.63, KOLLAM-691 001.** - **9 THE SECRETARY THE SREE NARAYANA TRUSTS, P.O. BOX NO.63, KOLLAM-691 001.** - **10 CHIEF RETURNING OFFICER (FOR CONDUCT OF ELECTIONS TO SREE NARAYANA TRUST) OFFICE OF S.N TRUST, P.O. BOX NO.63, KOLLAM-691 001.** - **11 RETURNING OFFICER (PRINCIPAL, SN COLLEGE, KOLLAM) FOR CONDUCT OF ELECTION OF TRUSTEES TO THE SN TRUST FROM KOLLAM REGION), KOLLAM-TRIVANDRUM HIGHWAY, KOLLAM-691 001.** - **12 AMBUJKSHA PANIKER BHARANATHA, VELLIMANGALAM WEST, MANROTURUTHU P.O., KOLLAM DISTRICT-691 502.** - **13 AJANTHAKUMAR G. AANIPALLIYIL HOUSE, ASHRAMAM, KOLLAM DISTRICT - 691002.** - **14 AJAYAKUMAR N., KANNAET PUTHEN VEEDU, CHATHANOOR, KARAMCODE, KOLLAM DISTRICT - 691 579.** W.A.1226/2020 3 - **15 DR.AJAYAKOSH N.S., SHREELAKOM, ASHRAMAM GARDENS 77, ASHRAMAM, KOLLAM DISTRICT - 691 002.** - **16 DR.ANITHA SHANKAR C., ARAVINDOM, KAVANAD P.O., KOLLAM DISTRICT-691 003.** - **17 PROF. ANIRUDHAN P.N., PRASHANT VIDHYANAGAR, PATTATHANAM, KOLLAM DISTRICT-691 021.** - **18 S.ANIL KUMAR, PARAYATHU VEDU, VADAKAVILA P.O., KOLLAM DISTRICT-691 010.** - **19 ANILKUMAR R., KALILAZHIKOM, CHIRAKHARATHALOM, CHATTANOOR, KOLLAM DISTRICT-691 572.** - **20 KAVILA M. ANILKUMAR, KAVILANJARAKAL, PERINAD P.O., KOLLAM DISTRICT-691 601.** - **21 ANIL KUMAR L., KANJIRAMTHUNDIL HOUSE, MUKADA, KUNDRA P.O., KOLLAM DISTRICT-691 501.** - **22 ANILKUMAR S @ KANNAN, ANIL BHAVAN, NJARACKAL, PERINAD P.O., KOLLAM DISTRICT-691 601.** - **23 ANIL DAS, ANIL BHAVANOM, PARAVOOR SOUTH, NEDUNGOLAM P.O., KOLLAM DISTRICT-691 334.** - **24 ANEESH MOHAN VALUVIL, VALUVIL, ANCHALUMOOD P.O., KOLLAM DISTRICT-691 601.** - **25 ANOOP MOHAN SHANKAR, LAKSHMI NIVAS, S.N.C JUNCTION, KOLLAM DISTRICT-691 001.** W.A.1226/2020 4 - **26 S. ARJUNAN,** **MANNATHUVAYALIL, MUNDAKKAL P.O., KOLLAM DISTRICT-691 010.** - **27 DR. ASHOK S., CHAITHANYA, PATATHANAM P.O., KOLLAM DISTRICT-691 021.** **28 UNNIKRISHNAN PUTTENPARAMBIL, PUTHENPARAMBIL, VADAKKUMBHAGOM, NEAR IRON BRIDGE, KOLLAM DISTRICT-691 001.** - **29 DR.N.UNNIKRISHANAN, CHEMBAKASHERI, J N R A-81, PATTATHANAM P.O., KOLLAM DISTRICT-691 021.** - **30 UNNIKRISHNAN T., RAVIMANDIROM, MUNDAKKAL P.O., KOLLAM DISTRICT-691 010.** - **31 T. UDAYAN, KOTTARATHIL VEEDU, MEENAD P.O., KOLLAM DISTRICT-691 572.** - **32 UPENDRAN MANGAD, SHANTAVILASOM, KILIKOLLOOR P.O., KOLLAM DISTRICT-691 004.** - **33 KUMARI RAJENDRAN, SAROJINI ILLAM, AYATHIL P.O., KOLLAM DISTRICT-691 021.** - **34 G. KRISHNAKUMAR, AYALATHU HOUSE, KOTTAKKAKAM, KOLLAM DISTRICT-691 601.** - **35 KRISHNAKUMAR RAJAN, VADAKKAN VILLA, POZHIKKARA P.O., KOLLAM DISTRICT-691 301.** - **36 GANDHI R., SOUPARNIKA, PAMPURAM, KALLUVATHUKKAL, KOLLAM DISTRICT-691578.** W.A.1226/2020 5 - **37 GOPALAKRISHNAN M.P. MANGALAYA, VADAYATTUKOTTA, KOLLAM DISTRICT-691 001.** - **38 GAUTHAMAN N., ANIZHAM, MANAKKADU, VADAKKEVILA, KOLLAM DISTRICT-691 010.** - **39 G. CHANTHU, PANDALAKKAL, PANTHRANDUMURI NAGAR-1, THATTAMALA, KOLLAM DISTRICT-691 020.** - **40 V.CHANDRABOSE, POYKAYIL HOUSE, KALLUVATHUKKAL, CHIRAKKARATHAZHAM, KOLLAM DISTRICT-691 578.** - **41 CHANDRASHEKHARAN R., MAHALAKSHMI, ACHANVEEDU, CIVIL STATION P.O., KOLLAM DISTRICT-691 013.** - **42 ADV. S. CHANDRASENAN, AGED 63 YEARS, S/O. SIVADASAN, RAGASUDHA, TNRA-L 13, THEVALLY P.O., KOLLAM-691 009.** - **43 K. A. JAYA, PUSHPANJALI, PANTHARANDUMURI, THATTAMALA P.O., KOLLAM DISTRICT-691 020.** - **44 C. JAYAKUMAR, J.K.C. BHAVANAM, KORAKKATTU VAYALIL, AYATHIL, KOLLAM DISTRICT-691 021.** - **45 PROF. JAYACHANDRAN P.R. AKHILA, SREENAGAR 61/A, VADAKKEVILA P.O., KOLLAM DISTRICT-691 010.** - **46 JAYADEEP K. DEEPAM, MUKKAM ROAD, MAYYANADU, KOLLAM DISTRICT-691 303.** W.A.1226/2020 6 - **47 JAYAPRAKASH S., MINILAND, BHOTAKULAM, PARAVOOR, KOLLAM DISTRICT-691 302.** - **48 M. JAYASHANKAR,** **SNEHA VIHAR, EDAVATTOM, VELLIMAN, KOLLAM DISTRICT-691 543.** - **49 JANCE NATH,** **JANCE VILLA, NEAR SHANTHAMKOVIL, MAYYANAD, KOLLAM DISTRICT-691 303.** - **50 THULASIDHARAN S., LATHIKA MANDHIRAM, KAITHAKUZHI, ADICHANALLUR, KOLLAM DISTRICT-691 573.** - **51 DATHAN T.D., VELIYIL, KADAPPAKADA, KOLLAM DISTRICT-691 008.** - **52 DR. DAYANANDAN M.N., CHAITHANYA, VIKAS NAGAR 52-A, PATTATHANAM, KOLLAM DISTRICT-691 021.** - **53 DINANNAYAKAN K., THUNDAZHIKKATH HOUSE, KADAPPAKKADA P.O., KOLLAM DISTRICT-691 008.** - **54 R.DHANAPALAN ANANDU MANDIRAM, KADAPAKADA P.O., KOLLAM DISTRICT-691 008.** - **55 N. DHANESHAN, KALIYILUVILA HOUSE, AYATHIL P.O., KOLLAM DISTRICT-691 021.** - **56 ADV. K.DHARMARAJAN, ASHANTAZHIKKATH HOUSE, CHANDANATHOPP, KOLLAM DISTRICT-691 014.** **57 NAKULARAJAN, KUNNEL VEEDU, THAZHOM, EAST KALLADA P.O., KOLLAM DISTRICT-691 502.** W.A.1226/2020 7 - **58 NADARAJAN K., ANJU NIVAS, C/O. VRINDHAVAN INSL., KARAMCODE, CHATHANNOOR, KOLLAM DISTRICT-691 579.** - **59 ADV. NALINAKSHAN, KALLAMPAZHIKKAM VEEDU, KAVANAD P.O., KOLLAM DISTRICT-691 003.** - **60 N. C. NINEL, AARADHANA, AYATHIL P.O., KOLLAM DISTRICT-691021.** - **61 PATRA RAGHAVAN, TWINKLE, S.N. COLLEGE JUNCTION, KOLLAM DISTRICT-691 001.** - **62 P.PUSHPA PRATAP, PUTHEN PURAYIL, KANDACHIRA, PERINAD P.O., KOLLAM DISTRICT-691 601** - **63 G. PUSHPANGATHAN, KARTHIKA, GOPIKADA JUNCTION, KAVANAD P.O., KOLLAM DISTRICT-691 003.** - **64 PUSHPANANDAN V.N., KIZHAKAKADAYIL VEEDU, ULIYAKOVIL, KOLLAM DISTRICT-691 019.** - **65 B. PRATHAPAN, ADIYATIZHIKATH, THEKKEVILA P.O., KOLLAM DISTRICT-691 016.** - **66 PUNARTHOM PRADEEP, AMBIKABHAVAN, ERAVIPURAM P.O., KOLLAM DISTRICT-691 011.** - **67 P.D.PRADEEP, PAYCHLAZHIKOM, VELLIMANGALAM, MANROTURUTHU P.O., KOLLAM DISTRICT-691 502.** - **68 PRASHANT V., PREMALAYOM, ADICHANALLUR P.O., KOLLAM DISTRICT-691 573.** W.A.1226/2020 8 - **69 T.P RASANNAN, LAKSHMIPRABHA, THOLIYARA, MUNDAKKAL, KOLLAM-691 016.** **70 T.S.BAHULEYAN, SAROJ KOTTAYKKAKAM WARD, KOTTAYKAKAM NAGAR-122, KOLLAM-691 601.** - **71 BABU, KILITHATIL VADAKKATHIL, KOTTAYKKAKAM, PERINADU, KOLLAM-691 601.** - **72 BABUJI P.B., BHANUVILASAM BUNGALOW, UPPOD, EAST KALLADA, KOLLAM-691 502.** - **73 BABULAL S., KULANGARA VEEDU, CHERIKKONAM, KANANALLOOR P.O., 691 576.** - **74 N.BABUSHA, UTHRADAM, AASHRAMAM, KOLLAM-691 002.** - **75 D.BIJU @ AMSHU, PUTHIYA VEEDU, NEERAVIL, PERINADU P.O., KOLLAM-691 601.** - **76 BIJU VAMADEVAN, MANALIL, MANGADU P.O., KOLLAM-691 015.** - **77 BINU R., VAYALIL VEEDU, PATTATHANAM, KOLLAM-691 021.** - **78 BYJU R., SANDRAM, A.R.A 14B, MUNDAKKAL, KOLLAM-691 016.** - **79 BYJU KUNAMBAYIKKULAM, PAYATTU VILA VEEDU, AYATHIL P.O., KOLLAM-691 017.** - **80 BYJULAL, SAROJA MANDIRAM, THATARKONAM P.O., PEROOR, KOLLAM-691 005.** W.A.1226/2020 9 - **81 BHAASI S., UPPUPADANNAYIL, KIDAPPRAM, MANDROTHURUTHU, KOLLAM-691502.** - **82 S. MANIKANDAN, VIZHAKHAM, NEW NAGAR-16, KALLUMTHAZHAM, KOLLAM-691 004.** - **83 MADHU K., CHEMBOTTU VEEDU, KOOTTIKKADA, KOLLAM-691 021.** - **84 MADHUKUMAR S., THODIYIL VEEDU, KOONAYIL, PARAVUR P.O., KOLLAM-691 301.** - **85 KADAKAMPALLY MANOJ, KADAKAMPALLIL, VADAKKEVILA P.O., KOLLAM-691 010.** - **86 PROF. R. MANIYAPPAN, PUTHUKKADA, M.E.R.A. NAGAR-7, MUNDAKKAL, KOLLAM-691016.** - **87 ADV. MANILAL V., VASANTHALAYAM, THEKKEVILA, KOLLAM-691 016.** - **88 R. MURUGESAN YAVANIKA, YAVANIKA, ERAVIPURAM, KOLLAM-691 011.** - **89 DR. MERCY BALACHANDRAN, MUTHODAM, KOOTTIKADA P.O., KOLLAM-691 021.** - **90 DWARAKA MOHAN G., DWARAKA BAKERY, KADAPPAKKADA, KOLLAM-691 008.** - **91 MOHANDAS P.G., PARAPPADIYIL HOUSE, SAKTHIKULANGARA P.O., KOLLAM-691 581.** - **92 RAGHUNATH, JANS VILLA, NEAR SHASTHAM KOVIL, MAYYANADU, KOLLAM-691 303.** - **93 V.RAGHUNATHAN, ANIZHAM, A.R.A-76, MUNDAKKAL EAST, KOLLAM-691 001.** W.A.1226/2020 10 - **94 RAJITH S., RAJI BHAVANAM (THIRUVONAM), MEENADU EAST, CHATHANNUR, KOLLAM-691 572.** - **95 DR.RAJITH KUMAR D., KOOCHUVILAYIL VEEDU, THEVALLA, KOLLAM-691009.** - **96 RANJITH RAVINDRAN, UDAYA HOUSE NO.94, NAVAJYOTHY NAGAR, KADAPPAKADA, KOLLAM-691 008.** - **97 RAMESH KUMAR A.D., ANEPPIL, KAKKATHUMUKKU, KOLLAM-691 012.** - **98 G.D.RAKESH, GOVINDABHAVAN, KAVANADU P.O., KOLLAM-691 003.** - **99 PROF. VELIYAM RAJAN, VAZHOTTU MUNDAKKAL, MIDDLE KOLLAM-691 001.** - **100 RAJAPPAN K.N., PRASANTHI, THAMARAKKULAM, KOLLAM-691 530.** - **101 RAJA KISHOR B., THARAYIL VEEDU, NAVODAYANAGAR - 18, ASHRAMAM, KOLLAM - 691 002.** - **102 RAJILAN M.C., MULAVILA, KANDACHIRA, PERINADU P.O., KOLLAM - 691 601.** - **103 R.RAJEEVAN, SREEBHAVAN, MUNDAKKAL WEST, KOLLAM - 691 016.** - **104 RAJEEV S., THULASI BHAVAN, A.R.N.R.A.-III, THIRUMULLAVAARAM P.O., KOLLAM - 691 012.** - **105 V.B.RAJEEV ARYAMANGALAM, THATTMALA P.O., KOLLAM - 691 020.** - **106 ADV.RAJEEV KUNJIKRISHNAN PUTHENVEEDU, PALACE WARD, KOLLAM - 691 009.** W.A.1226/2020 11 - **107 PROF.RAJU B., THENGAZHISHERIL, KUTTIKKADA P.O., KOLLAM - 691 021.** - **108 RAJENDRAN B., NETHAJI, THIRUMULLAVARAM, KOLLAM - 691 012.** - **109 RAJENDRAN S.,** - **VENMEENAMTHARAVEEDU, SAKTHIKULANGARA P.O., KOLLAM - 6591 581.** - **110 RAJAMOHAN G., AYODHYA, Q.A.C.ROAD, KOLLAM - 691 001.** - **111 D.RADHAKRISHNAN, NELLIYIL VEEDU, PERINADU P.O., KOLLAM - 691 601.** - **112 B.RADHAKRISHNAN, RADHAKRISHNA VILASAM, KALLUVATHUKKAL P.O., KOLLAM - 691 578.** - **113 RADHAKRISHNAN C.R., SHERLY BHAVAN, MEENAMBALAM, PUTHENKULAM, KOLLAM- 691 302.** - **114 RAMADAS K., MUNDAKKALMELETHIL VEEDU, PONKONAM, MUKHATHALA, KOLLAM - 691 577.** - **115 RAMAN N., KRISHNAVILASAM, NENMENI P.O., EAST KALLADA, KOLLAM - 691 502.** - **116 DR. LENIN G., LENIN BHAVANAM, MURUTHAL, PERINADU, KOLLAM - 691 601.** - **117 LYJU G. NATH, LYJU NIVAS, SAMRIDHI NAGAR - 54, ASRAMAM, KOLLAM - 691 002.** - **118 VALALAN, POURNAMI, KARAMCODE, CHATHANNOOR, KOLLAM- 691 572.** - **119 O. VALSALA, DHANYA, VILLIMANGALAM, MANDROTHURUTHU, KOLLAM - 691 502.** - **120 V. VIJAYAKUMAR, VASUDEVA MANDIR, AITHOTTUA WEST, KALLADA, KOLLAM - 691 500.** - **121 VIJAYAN P., AIKKARAPUTHEN VEEDU, ASRAMAM, KOLLAM - 691 002.** W.A.1226/2020 12 - **122 VINURAJ D.N., MANGALATHU VEEDU, KOTTARAKKARA, CHANDANATHOPE P.O., KOLLAM - 691 604.** - **123 VINOD BHASKAR, PULLIVILA, PULLICHIRA P.O., KOLLAM - 691 304.** - **124 VIVEKANANDAN G., KANNANKAZHUTHU VEEDU, THIRUMULLAVARAM P.O., KOLLAM - 691 012.** - **125 G.VENUGOPAL, SAVINIVAS, ASRAMAM NORTH, KOLLAM - 691 002.** - **126 SASIKUMAR N., PATHMASHRI, KAVANADU P.O., KOLLAM - 691 003.** - **127 SASIDHARAN D. KARUVATTAZHIKAM, NELLIMUKKU, KOLLAM - 691 509.** - **128 SASIDHARAN P., BHARANETHUVEEDU, AYATHIL, KOLLAM - 691 021.** - **129 SASIDHARAN P.V., NANACHAM VEEDU, VADAKKEVILA P.O., KOLLAM - 691 010.** - **130 SASIDHARAN B., THENGUVILA VEEDU, KADAVUR, PERINADU P.O., KOLLAM - 691 601.** - **131 KOTHETH SASI, SASI MANDIRAM, KOTHETH, ULIYAKOVIL P.O., KOLLAM DISTRICT - 691 019.** - **132 SHANTHAKUMARI K., KETTIDATHIL, AYATHIL P.O., KOLLAM - 691 021.** - **133 SHIVAPRASAD L., PRASHANTHAM, VADAKKEVILA P.O., KOLLAM - 691 010.** **134 S.SHIVAPRASAD, VADAKKADUTHU VILAYIL VEEDU, MATHRUKA NAGAR - 158, ULIYAKOVIL P.O., KOLLAM - 691 019.** - **135 SHIVARAJAN V., ASHARIVILA VEEDU, PULLIYILA, NALLILA, KOLLAM - 691 515.** W.A.1226/2020 13 - **136 ADV. SHUBHADEVAN G., PADMAVILAS, MUNDAKKAL WEST, KOLLAM - 691 016.** - **137 SREEKUMAR B., CHANDALAYAM, SHASTRI JUNCTION, KOLLAM - 691 001.** - **138 ADV. C. SREEKUMAR, KUZHIKANDATH VEEDU, KURIPPUZHA, KAVANADU P.O., KOLLAM - 691 003.** - **139 DR.SREENIVASAN S., RASHMI, JAWAHAR NAGAR, PATTATHANAM, KOLLAM - 691 021.** - **140 SHANMADHARAN A., CHOTHI, GOPALASSERI, NEHRU NAGAR- 157, KOLLAM - 691 010.** - **141 SHAJI R., KUZHIKKANAM HOUSE, KOTTAPURAM, PARAVOOR, KOLLAM DISTRICT - 691 301.** - **142 SHAJI S.B., KUNNATH HOUSE, KAAVAL, KOLLAM DISTRICT - 691 005.** - **143 SHAJI DIVAKARAN, THIRUVONAM, VENPALAKKARA, KOLLAM DISTRIC - 691 018.** - **144 P. SHAJI, VAIKUNDAM, THATTAMALA P.O., KOLLAM DISTRICT - 691 020.** - **145 SHAJI MOHAN, GANDHI BHVAN, NEERAVIL, PERINADU P.O., KOLLAM DISTRICT - 691 020.** - **146 SHAJI VISHWANATH, SAVITHA, LIONS NAGAR, VALATHUNGAL P.O., KOLLAM DISTRICT - 691018.** - **147 SHAJU MOHAN, KALALAYAM MULANKODU, KUNNIMEL, KAVANADU P.O., KOLLAM DISTRICT - 691 003.** - **148 SHANAVAS S., EARATHU HOUSE, KUREEPUZHA, KOLLAM DISTRICT - 691 601.** - **149 SHIBU R., VILAYIL HOUSE, DECENT JUNCTION, THRIKKOVIL VATTOM, MUKHATHALA, KOLLAM DISTRICT - 691 577.** - **150 SHIBU K.S., SHANTHI VILASAM, KILIKOLLUR P.O., KOLLAM DISTRICT - 691 004.** W.A.1226/2020 14 |**151**|**ADV. SHENAJI S.,**| |---|---| ||**PADANNAYIL HOUSE, SHAKTHIKULANGARA,**| ||**KOLLAM DISTRICT - 691 581.**| |**152**|**ADV. SHINE PADIPPURAYIL,**| ||**SHINE, KOTTAPURAM PARAVOOR,**| ||**KOLLAM DISTRICT - 691 301.**| |**153**|**SHYBU S., MAROTTIL,**| ||**PEZHUMTHURUTH,**| ||**PERUMAN P.O.,**| ||**KOLLAM DISTRICT - 691 601.**| |**154**|**SAJANLAL B.,**| ||**SREEMOOLAM, THAZHAM,**| ||**SOUTH CHATHANOOR,**| ||**KOLLAM DISTRICT - 691 572.**| |**155**|**MANAKKADU SAJI,**| ||**KARTHIKA,**| ||**VADAKKEVILA P.O.,**| ||**KOLLAM DISTRICT - 691 010.**| |**156**|**SAJEEVN P., IDAYILA HOUSE,**| ||**ERAVIPURAM P.O.,**| ||**KOLLAM DISTRICT - 691 011.**| |**157**|**SAJEEV M.S.,**| ||**MULATHOTTATHU HOUSE,**| ||**THAZHATHU CHERI, KOOTTIKADA,**| ||**KOLLAM DISTRICT - 691 020.**| |**158**|**SAJEEV V., THIRUVATHIRA,**| ||**THEKKEMURI, EAST KALLADA,**| ||**KOLLAM DISTRICT - 691 502.**| |**159**|**SATHYABABU K.,**| ||**BABU NIVAS,**| ||**CANTONMENT SOUTH,**| ||**KOLLAM DISTRICT - 691 001.**| |**160**|**SANATH R., CHAITHRAM,**| ||**USHAS NAGAR 34,**| ||**AYATHIL P.O.,**| ||**KOLLAM DISTRICT - 691 021.**| |**161**|**ADV. P.SANTHOSH KUMAR,**| ||**11/880 SREEVENKIT, KOTTAMKARA,**| ||**TKMC, KOLLAM DISTRICT - 691 005.**| W.A.1226/2020 15 - **162 SANTHOSH P., SAJA BHAVAN, ERAM, CHATHANNOOR, KOLLAM DISTRICT - 691 572.** - **163 P. G. SALIMKUMAR, GOPI MANDIR, MUNDAKKAL WEST, KOLLAM DISTRICT - 691 010.** - **164 S.SABU, KANJIRATHUMVILA, THAZHAM SOUTH, THAZHAM, SOUTH CHATHANNUR, KOLLAM DISTRICT - 691 572.** - **165 SAMBAN K., OTTUPURAYIL, MUNDAKKAL EAST, KOLLAM DISTRICT - 691 010.** - **166 SAI BHASKAR, KARTHIKA, NEERAVIL, PERINADU P.O., KOLLAM DISTRICT - 691 601.** - **167 SALU K.C., AMARAVILA HOUSE, MAYYANADU, KOLLAM DISTRICT - 691 303.** - **168 SIBU K.V., SRIRAMS, MATHILIL P.O., PERINADU, KOLLAM DISTRICT - 691 601.** - **169 SUGATHAN K.S., KALIYILAZHIKKATH HOUSE, KIZHAKKENELA P.O., PAARIPALLI, KOLLAM DISTRICT - 691 574.** - **170 SUGATHAN E.R.K., SUGAMAM, CHEMMANMUKKU, POLYATHODU, KOLLAM DISTRICT - 691 001.** - **171 SUGATHARAO N., SUGAMA VILASAM, KILIKOLLUR, KOLLAM DISTRICT - 691 004.** - **172 SUDARSHANAN K., KUNNUVILA, POOTHUKULAM, PARAVOOR, KOLLAM DISTRICT - 691 302.** - **173 ADV.P.SUDHAKARAN, DHANUS, ASRAMOM P.O., KOLLAM DISTRICT - 691 008.** W.A.1226/2020 16 - **174 SUDHAKARA PANICKER K., REVATHI, NENMENI EAST, MONROETHURUTH, KOLLAM DISTRICT - 691 502.** - **175 SUDHEESH BABU P., KAIRALI, AKKOLIL, KOOTTIKADA P.O., KOLLAM DISTRICT - 691 021.** - **176 PATTATHANAM SUNIL, VALSALA NIVAS, PATTATHANAM, KOLLAM DISTRICT - 691021.** - **177 SUNIL KUMAR, SUNIL NIVAS, KOOTIKADA P.O., THATTAMALA, KOLLAM DISTRICT - 691 020.** - **178 SUNIL KUMAR T., KOCHUVELIYAZHIKKATH, KAIKULANGARA, KOLLAM DISTRICT - 691 009.** - **179 SUNIL DUTH, THRIKADAVOOR HOUSE, PATTATHANAM, KOLLAM DISTRICT - 691 021.** - **180 SUNDARESHAN N., DHANYA, VILLIMANGALAM WEST, MONROETHURUTH, KOLLAM DISTRICT - 691 502.** - **181 SUNDARESHAN G., KANIYATAZHIKKATH, NORTH KADAKKEVILA P.O., PATTATHANAM, KOLLAM DISTRICT - 691 010.** - **182 SUBRU N.SAHADEV, JAGATH BHAVAN, ERAM, CHATHANOOR, KOLLAM DISTRICT - 691 572.** - **183 SUBHASH, 6/728, EESHWARARECHA 62-A, AKSHARA NAGAR, KURIPUZHA, KOLLAM DISTRICT - 691 601.** - **184 SUMESH S., KILATHENGIL KIZHAKETHIL, THEKKEVILA P.O., KOLLAM DISTRICT - 691 016.** - **185 SURENDRAN K., K.S.BHAVANAM, PRAKKULAM P.O., KOLLAM DISTRICT - 691 602.** - **186 SURENDRABABU P.,** **NANGYARTHODATHU, KIZHAKKETHIL, ASHTAMUDI P.O., KOLLAM DISTRICT - 691 602.** W.A.1226/2020 17 - **187 SURESH KUMAR A., SHOBHATH, MANGATT P.O., KOLLAM DISTRICT - 691 015.** - **188 PROF.DR.B.SURESH KUMAR, SREELAKSHMI, VIKAS NAGAR 70C, PATTATHANAM, KOLLAM DISTRICT - 691 021.** - **189 SURESH BABU S., SOBHA BHAVAN, THUMPURA, MUNDAKKAL, KOLLAM DISTRICT - 691 021.** - **190 SURESH BABU P., NANGYARTHOTTATHU, KIZHAKKATHIL, ASHTAMUDI P.O., KOLLAM DISTRICT - 691 602.** - **191 SETHUNATH S., CHEMPUM KANDATHIL, VILLIMANGALAM, MONROETHURUTH, KOLLAM DISTRICT - 691 502.** - **192 SOMAN S., SOUMYA BHAVAN, MANGADU P.O., KOLLAM DISTRICT - 691 015.** - **193 SOMARAJAN K., KATTIKAL HOUSE, ASRAMAM, KOLLAM DISTRICT - 691 002.** - **194 HANEESH V., KARTHIKA, KANJAVELI P.O., KOLLAM DISTRICT - 691 602.** - **195 HARI S., KOTTILIL HOUSE, SHARAVANA NAGAR, KOLLAM DISTRICT - 691 011.** - **196 HARICHANDRAN K., SREERANGAM, M.G.NAGAR, KILIKOLLUR P.O., KOLLAM DISTRICT - 691 004.** - **197 DR. HARIDAS S., SHABARIGIRI, PUNNAMUKKU, KUNDARA, KOLLAM DISTRICT - 691 504.** - **198 HARILAL S., PUTHENVEEDU, PEZHUMTHURUTH, PERUMON P.O., KOLLAM DISTRICT - 691 601.** W.A.1226/2020 18 **199 ADV. ROY N.R., KIZHAKKEDATHU HOUSE, PEROOR, KOLLAM DISTRICT - 691 005.** **R3 & R4 BY ADV. SHRI P. VIJAYAKUMAR, ASG OF INDIA** ## **OTHER PRESENT:** **R1 B Y SENIOR GOVT. PLEADER. SRI.P.NARAYANAN, R8 & R9 BY ADV. SRI. A. N. RAJAN BABU R10 BY ADV. SRI. SANTHOSH MATHEW** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.1226/2020 19 ## **JUDGMENT** Dated this the 17[th] day of September, 2020 ## **Manikumar, CJ** Instant _intra court_ appeal is against the order dated 15.09.2020 made in W.P.(C) No.18965 of 2020, by which, a learned single Judge of this Court declined to grant stay of Exhibit-P24 - G.O.(Rt) No.709/2020/DMD dated 09.09.2020 passed by the Chief Secretary (Chairperson, State Executive Committee, Government of Kerala, Thiruvananthapuram, (respondent No.2), under the Disaster Management Act, 2005, by which, permission has been granted to conduct election to the Board of Trustees of Sree Narayana Trust at Kollam and at Cherthala on 18.09.2019, 26.09.2020, 07.10.2020, 08.10.2019 respectively, in the light of the directions of this Court in W.P.(C) No.16703 of 2020 and also in compliance of the provisions of the Disaster Management Act, 2005, as well as the rules framed thereunder. 2. Short facts leading to the Writ Appeal are that Sree Narayana Trust ('SN Trust', for brevity) is governed by a scheme framed by this Court. As per the scheme, Exhibit-P1 Trust Deed registered at the Additional Sub Registry Office, Quilon dated 26.08.1952, there are two different categories of trustees. Those in clauses 3(a) to (c) are representative trustees and those in clauses 3(d) and 3(e) are elected trustees. W.P.(C) No.18965 of 2020 deals with elected trustees. Appellant/petitioner is concerned about the election for Kollam region. W.A.1226/2020 20 3. Inviting the attention of this Court to Clause (4) of Exhibit-P1 trust deed, Mr. A. Sudhi Vasudevan, learned Senior Counsel for the appellant, submitted that trustees shall hold office for a term of three years, provided that, such trustees shall continue in office notwithstanding the expiry of the term for which they have appointed, until their successors assume office. 4. Learned Senior Counsel for the appellant further submitted that the election for the trustees of SN Trust Board was sought to be conducted and accordingly, election notice under Exhibit-P14 dated 28.06.2020 was issued, subject to COVID-19 regulations. The election notice contains schedule, submission of nominations to the respective Returning Officers/scrutiny/ publication etc. However, the Chief Returning Officer, respondent No.10, pointing out the Ordinance promulgated by the Government of Kerala dated 27.03.2020 (Exhibit-P12), regulations issued by Health and Family Welfare (F) Department, Government of India dated 2.7.2020 (Exhibit-P13), and expressing the difficulties in conducting the elections during COVID-19 pandemic, made a representation dated 17.08.2020 ( Exhibit-P20) to the Chief Secretary, Chairperson of the State Executive Committee, Thiruvananthapuram, stating that the election can be conducted only in accordance with the regulations and the directions of the authorities constituted under the Disaster Management Act. 5. In the representation dated 17.08.2020 (Exhibit-P20), the Chief Returning Officer, respondent No.10, has stated that in SN Trust, there are ten W.A.1226/2020 21 regions and for the said ten regions, Principals of S.N.Colleges have been appointed as Returning Officers. Learned Senior Counsel for the appellants further submitted that for the conduct of polling, what was intended by the Chief Returning Officer was to set up one booth each, for 50 voters. The Chief Returning Officer has suggested that the actual polling booth-wise can be spread over to four days to reduce the possibility of crowding. Accordingly, he has suggested the dates for conducting the elections. 6. The Chief Returning Officer, respondent No.2, in his representation dated 17.08.2020 (Exhibit-P20) has also stated that he was aware that if the elections are not conducted, in accordance with the strict guidelines of the State Disaster Management Authority, there would be serious health risks and in the above circumstances, sought permission from the Chairperson of the State Executive Committee, respondent No.2, to conduct elections in accordance with the guidelines and directions, which may be stipulated by the State Disaster Management Authority. In response to the said request, the Chairperson, State Executive Committee, respondent No.2, has passed G.O. (Rt) No.709/2020/DMD dated 09.09.2020 (Exhibit-P24) directing that elections to be conducted for the dates stated above. 7. Learned Senior Counsel for the appellant further submitted that there would be normally 18000 voters, who have to elect the trustees. About 30% voters are above 65 years of age. If the elections are conducted in the present scenario, many aged persons would not participate in the elections. W.A.1226/2020 22 8. Inviting our attention to Exhibit-P24 Government Order dated 09.09.2020, impugned in the writ petition, Mr. A. Sudhi Vasudevan, learned Senior Counsel for the appellant, submitted that when the Chief Returning Officer, respondent No.10, in his representation dated 17.08.2020 (ExhibitP20) has made it clear that the conduct of elections during COVID-19 pandemic would cause serious health hazards and when he has also suggested that one booth can be set up for 50 voters, and that the actual polling booth-wise can be spread over for four days, to reduce any possibility of crowding, the Chairperson, State Executive Committee, Government of Kerala, respondent No.2, has failed to consider the abovesaid aspects. He has not applied his mind and addressed the abovesaid aspects to be precise, as to how many voters can be allotted for each polling booth and also the number of days for conducting the elections. 9. According to the learned Senior Counsel for the appellant, insofar as Kollam region is concerned, there are three polling centres and considering the number of voters, each centre would receive normally 6000 voters. 10. According to the learned Senior Counsel for the appellant, having regard to the orders/guidelines issued by the Chairperson/Chairman, National Executive Committee, National Disaster Management Authority, Ministry of Home Affairs, Government of India, New Delhi, Exhibits-P5, P7, P8, P9, P10, and Exhibits-P12 and P3 ordinances issued by the Government of Kerala, as well as the regulations, the Chairperson, State Executive Committee, State W.A.1226/2020 23 Disaster Management Authority, respondent No.2, ought to have postponed the elections for electing a trustee in clauses 3(d) and (e) of the trust deed, as no prejudice would be caused, in view of clause (4) of Exhibit-P1 trust deed, which states that the trustees shall hold office for a term of three years, provided that such trustees shall continue in office, notwithstanding the expiry of the term for which they have been appointed, until their successors assume office. 11. In the light of the above provision enabling continuance of office by the trustees, even beyond three years, election was not an essentiality. Learned Senior Counsel for the appellant, further submitted that Government of Kerala issued Ordinance No.18 of 2020 - Kerala Epidemic Diseases Ordinance, 2020 and consequently, framed Exhibit-P13 regulations dated 2.7.2020, wherein under Clause 3(e), there is a prohibition for social gathering, including get-together, processions, dharna, congregation, demonstration etc, with maximum participants not exceeding ten persons. 12. Inviting our attention to Clause 4 of Exhibit-P13 regulations dated 2.7.2020, learned Senior Counsel for the appellants further submitted that the the District Collectors of State of Kerala have been directed to ensure due compliance of the regulations stipulated therein. 13. Inviting the attention of this Court to Exhibit-P10 Order No.403/2020-I(A) dated 29.08.2020 issued by the Chairman, National Executive Committee, National Disaster Management Authority, respondent No.3, W.A.1226/2020 24 Mr. A.Sudhi Vasudevan, learned Senior Counsel for the appellant, submitted that as per the the above said order, social / academic / sports / entertainment / cultural / religious / political functions and other congregations with a ceiling of 100 persons, will be permitted only with effect from 21[st] September, 2020, with mandatory wearing of face masks, social distancing, provision for thermal scanning and hand wash or sanitizer. Referring to Clause 9 of the Exhibit-P10 order, the learned Senior Counsel further submitted that State/UT Governments shall not dilute these guidelines issued under the Disaster Management Act, 2005, in any manner. 14. Learned Senior Counsel for the appellant further submitted that when social gathering and other events with the ceiling of 100 persons can be permitted only from 21[st] September, 2020, the Chief Secretary, Chairperson of the State Executive Committee, Government of Kerala, Thiruvananthapuram (respondent No.2), under the Disaster Management Act, 2005, has issued Exhibit-P24 Government order dated 09.09.2020, violating or diluting the guidelines issued by the Chairman, National Executive Committee, National Disaster Management Authority, respondent No.3. 15. According to the learned Senior Counsel, having regard to the orders issued by the 3[rd] respondent, Chairman, National Disaster Management Authority, Ordinance and regulations issued by the Government of Kerala, the Chief Returning Officer, respondent No.10, ought not to have addressed the Chief Secretary, Chairperson, State Executive Committee, respondent No.2, W.A.1226/2020 25 for according sanction to conduct the elections, which was not essential. However, if there was any imminent necessity, the Chief Returning Officer, respondent No.10, ought to have addressed the Chairman of the National Disaster Management Authority, respondent No.3, for according sanction to conduct the elections, for the reason that the State Governments/UT cannot dilute the regulations issued by the Government of India from time-to-time. 16. Learned Senior Counsel for the appellant further submitted that as per Clause 3 of the Sree Narayana Trusts (Conduct of Election of the Board of Trustees) Rules, as amended on 31.08.2015, polling of votes for election of representatives would be conducted at the places specified therein. Insofar as Kollam region is concerned, the polling centre is SN College, Kollam and insofar as Cherthala is concerned, SN College, Cherthala. Clause 3 of the said rules reads thus: “The polling of votes for election of representatives shall be held at: (1) The S.N.College, Chempazhanthy, as far as Trivandrum Region is concerned. (2) The S.N.College, Sivagiri, as far as Varkala Region is concerned. (3) The S.N.College, Punalur, as far as Punalur Region is concerned. (4) T.K. Madhava Memorial College, Nanglarkulangara, as far as Nanglarkulangara Region is concerned. (5) The S.N.College, Cherthala, as far as Cherthala Region is concerned. (6) The S.N.College, Nattika, as far as Trichur Region is concerned. (7) The S.N.College, Alathur, as far as Palghat Region is concerned. (8) The S.N. Guru College, Chelannur, as far as Calicut Region is concerned. W.A.1226/2020 26 (9) The S.N.College, Cannannore, as far as Cannannore Region is concerned. (10) The S.N.College, Kollam, as far as Kollam Region is concerned.” 17. Learned Senior Counsel for the appellant further contended that as per the Scheme framed for “The Sree Narayana Trust”, Quilon, by judgment in A.S. No.689 and 813 of 1972 on the file of this Court, all the voters have to assemble at one place and the election is conducted just like the Annual General Body Meeting of a company. In this context, the learned Senior Counsel referred to Clause 27 of the scheme which states that within a month before the expiry of the term of such trustees, the Executive Committee shall summon a meeting of all subscribers mentioned and from the meeting so convened, those qualified have to be elected as representatives for each regional area. 18. It is the contention of the learned Senior Counsel for the appellant that the place and the manner in the elections have to be conducted having been specified in scheme as approved by this Court, the same cannot be altered as per the desire of the Chief Returning Officer. 19. The centres convenient for elections have already fixed in the scheme and in this context, the learned Senior Counsel for the appellant has referred to the explanation to Clause 3 of Exhibit-P1 trust deed, which states that the polling of votes for election of representatives by persons falling under Clause (e) above shall be held at convenient centres to be fixed by the Board of Trustees in the area of each Regional Development Council and at Quilon. W.A.1226/2020 27 20. He also drew our attention to the explanation which states that the Board of Trustees shall frame rules not inconsistent with the provisions of this scheme for the conduct of elections. Thus, according to the learned Senior Counsel for the appellant, the conduct of elections, at a place different from the one earmarked for the said purpose in the scheme, is violative of the scheme itself. In sum and substance, learned Senior Counsel for the appellant submitted that Chief Secretary, Chairperson of the State Executive Committee, Government of Kerala, Thiruvananthapuram (respondent No.2), has no jurisdiction to issue any order for conducting the elections, contrary to the guidelines issued by the Chairman, National Disaster Management Authority, Government of India, New Delhi, respondent No.3, or the Ordinance or regulations issued by the Government of Kerala, as the case may be, and the very congregation of thousand persons at a centre would cause health hazards. 21. Inviting our attention to Exhibits-P26 and P27 photographs, learned Senior Counsel for the appellant further submitted that the polling centres chosen by the Chief Returning Officer, respondent No.10, are in close proximity with a Covid First Line Treatment Centre, which again, would cause health risk. 22. Referring to Exhibit-P25, Election Notice (Amended), learned Senior Counsel for the appellant further submitted that earlier when the Chief Returning Officer in his representation dated 17.08.2020 (Exhibit-P20) has W.A.1226/2020 28 suggested that one booth can be established for 50 voters and that polling booth-wise can be spread over to four days, to reduce the possibility of crowding, without considering the earlier suggestions, the 10[th] respondent has issued Exhibit-P25 Election Notice, making it evident that there would be 186 booths in three different election centres, viz., S.N.Trust Central School, Kollam, S.N.Women's College, Kollam, and S. N. College, Kollam, and each centre would accommodate about 6000 voters. 23. Learned Senior Counsel for the appellant further submitted that when the abovesaid facts were pointed out, writ court ought to have granted interim stay of Exhibit-P24 - G.O.(Rt) No.709/2020/DMD dated 09.09.2020 passed by the Chief Secretary, Chairperson of the State Executive Committee, Government of Kerala, Thiruvananthapuram (respondent No.2), under the Disaster Management Act, 2005, and thus prevented social gathering and congregation in each polling centre. For the abovesaid reasons, learned Senior Counsel for the appellant sought for intervention of this Court and prayed to stay the elections. 24. Mr. Santhosh Mathew, learned counsel for the 10[th] respondent, Chief Returning Officer, submitted that the instant writ appeal is only an attempt to postpone the elections, to aid the continuation of elected trustees. He further submitted that the total number of voters in Kollam district is 18579, which includes 111 representatives in Clause 3(e) category. There are altogether 188 candidates contesting in the elections, arrayed as respondents W.A.1226/2020 29 12 to 199. He further submitted that when the appellant, claiming his age as more than 65 years, has objected to the conduct of elections citing COVID-19 pandemic orders/guidelines issued by the Government of India, and the ordinances, regulations issued by the Government of Kerala, he has all the way chosen to travel from Thiruvananthapuram to Cochin, to file the writ petition, as well this appeal. Taking this Court through Section 23 of the Disaster Management Act, 2005, Mr. Santhosh Mathew submitted that there shall be a plan for disaster management, for every State to be called as Disaster Management Plan. 25. Referring to Section 20 of the Act, learned counsel for the 10[th] respondent further submitted that every State shall have a State Executive Committee to assist the said authority in the performance of its functions and to coordinate action in accordance with the guidelines laid down by the State Authority and ensure compliance of the directions issued by the State Government under this Act. The Chief Secretary of the State Government shall be the Chairperson, ex officio. 26. In the light of the abovesaid provision, learned counsel for the 10[th] respondent submitted that when the Chief Returning Officer has sought for permission from the Chief Secretary, Chairperson of the State Executive Committee, Thiruvananthapuram, (respondent No.2), to conduct elections for SN Trust, it is the Government, which has passed Exhibit-P24 - G.O.(Rt) No.709/2020/DMD dated 09.09.2020, impugned in the writ petition. In that W.A.1226/2020 30 context, he also referred to Section 24 of the Disaster Management Act, 2005, which sets out the powers and functions of the State Executive committee in the event of threatening disaster situation. Section 24 of the Act, reads thus: “ **4. Powers and functions of State Executive Committee in the event of threatening disaster situation** .- For the purpose of assisting and protecting the community affected by disorder or providing relief to such community, or preventing or combating disruption or dealing with the effects of any threatening disaster situation, the State Executive Committee may,- (a) control and restrict, vehicular traffic to, from or within, the vulnerable or affected area; (b) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area; (c) remove debris, conduct search and carry out rescue operations; (d) provide shelter, food, drinking water, essential provisions, healthcare and services in accordance with the standards laid down by the National Authority and State Authority; (e) give direction to the concerned Department of the Government of the State, any District Authority or other authority, within the local limits of the State to take such measure or steps for rescue, evacuation or providing immediate relief saving lives or property, as may be necessary in its opinion; (f) require any department of the Government of the State or any other body or authority or person in charge of any relevant resources to make available the resources for the purposes of emergency response, rescue and relief; (g) require experts and consultants in the field of disasters to provide advice and assistance for rescue and relief; (h) procure exclusive or preferential use of amenities from any authority or person as and when required; (i) construct temporary bridges or other necessary structures and demolish unsafe structures which may be hazardous to public; (j) ensure that non-governmental organisations carry out their activities in an equitable and nondiscriminatory manner; (k) disseminate information to public to deal with any threatening disaster situation or disaster; W.A.1226/2020 31 (l) take such steps as the Central Government or the State Government may direct in this regard or take such other steps as are required or warranted by the form of any threatening disaster situation or disaster.” 27. Inviting the attention of this Court to Exhibit-P12 Ordinance No.18 of 2020, Mr. Santhosh Mathew, learned counsel for the Chief Returning Officer, respondent No.10, submitted that as per Section 4 of the Ordinance, which speaks about the power to take special measures and specify regulations as to epidemic disease, when at any time the Government is satisfied that the State or any part thereof is visited by or threatened with an outbreak of any epidemic disease, the Government may take such measures, as it deems necessary for the purpose, by notification in the official gazette specify such temporary regulations or orders to be observed by the public or by any person or class of persons so as to prevent the outbreak of such disease or the spread thereof and require or empower District Collectors to exercise such powers and duties, as may be specified in the said regulations or orders. Further, referring to Clauses 2(e) to 2(j) in G.O.(Rt) No.709/2020/DMD dated 09.09.2020 (Exhibit-P24), learned counsel for the 10[th] respondent submitted that while according permission to conduct the elections, the Chief Secretary, Government of Kerala, has taken note of the guidelines relating to social distancing norms and others, and directed that the elections should be conducted, strictly following the guidelines. He therefore, submitted that there is no violation of the provisions of Disaster Management Act, 2005 or the W.A.1226/2020 32 guidelines or orders issued by the National Disaster Management Authority. 28. Inviting our attention to Exhibit-P14, Election Notice, Mr. Santhosh Mathew, learned counsel for the 10[th] respondent, further submitted that the first election notice was issued on 28.06.2020, fixing the schedule for submission of nominations to the respective Returning Officers, scrutiny of norms and other events. The regional centres numbering ten, the number of representatives to be elected as per Clauses 3(d) and (e) of the trust deed, and the voting centres were already notified in the election notice, as early as on 28.06.2020. As there was no nomination in respect of other regions, the elections in respect of Kollam and Cherthala regions alone were scheduled to be conducted. 29. Learned counsel for the 10[th] respondent further submitted that though the conduct of elections and voting centres have already been notified in June, 2020 itself, having regard to the notifications issued under the Disaster Management Act, 2005 and the Ordinance, stated above, the Chief Returning Officer, respondent No.10, has brought to the notice of the Chief Secretary, Chairperson of the State Executive Committee, (respondent No.2) for appropriate orders, to conduct the elections and after considering the orders of this Court in W.P.(C) No.16703 of 2020 and in compliance of the provisions of the Disaster Management Act, 2005 and the rules framed thereunder, the Chief Secretary, Government of Kerala has passed ExhibitP24 - G.O.(Rt) No.709/2020/DMD dated 09.09.2020 according sanction to W.A.1226/2020 33 conduct elections to the Board of Trustees of SN Trust, subject to several conditions mentioned in paragraph (3) of the Government order. 30. Inviting the attention of this Court to the prayers made in W.P.(C) No.16703 of 2020 and the counter affidavit filed by the Returning Officer, respondent No.7 therein, Mr. Santhosh Mathew, learned counsel for the 10[th] respondent submitted that the petitioner therein sought for a writ of mandamus directing respondents 1 to 4 therein to take necessary action to stay the election process initiated by respondents 6 and 6 therein pursuant to ExhibitP7 notification for electing the governing trustees of the 5[th] respondent trust, in violation of Exhibits-P2 to P6 orders. Petitioner therein has also sought for a declaration that the conduct of election by respondents 6 & 7 therein, pursuant to Exhibit-P7 notification, is in violation of the guidelines in Exhibits-P2 to P6 orders and the provisions of the Disaster Management Act, 2005. There is a further prayer for a direction commanding respondents 1 and 4 therein to consider and to pass appropriate orders on Exhibit-P10 representation of the petitioner within such period as directions by this Court. 31. When the above writ petition came up for hearing, counter affidavit was filed by the Chief Returning Officer, inter alia, contending that the prayers made in the writ petition were completely devoid on merits, and that the Chief Returning Officer has already submitted Annexure-R7(1) request therein to the Disaster Management Authority and that, further steps to conduct the election would be taken only in accordance with the directions issued by the Kerala W.A.1226/2020 34 Disaster Management Authority. Before the writ court, submission was also made by the learned counsel for the petitioner therein that petitions have been filed before a Hon'ble Division Bench of this Court in A.S. No.689 and 813 of 1972 and in the abovesaid circumstances, the writ petition has been dismissed as withdrawn. 32. Having regard to the abovesaid facts, Mr. Santhosh Mathew, learned counsel for the 10[th] respondent, the Chief Returning Officer, submitted that at each and every stage of the conduct of elections, there was an attempt to postpone the elections. For the abovesaid reasons, he prayed for dismissal of this writ appeal. 33. Mr. A.Rajan Babu, learned counsel for the trustees, submitted that the election is scheduled to be held from 8 am to 6 pm. There are 186 polling booths. In each polling booths, there will be only 100 persons. The regulations issued by the National Disaster Management Authority/State Government for preventing the spread of COVID-19 pandemic, as stated supra, would be strictly followed. As contended by the appellant, the Chief Secretary, Government of Kerala, has considered the request of the Chief Returning Officer in the proper perspective and issued orders. There is no need to interfere with the interim order passed by the writ court dated 15.09.2020. For the abovesaid reasons, he also prayed for dismissal of the writ appeal. 34. Heard the learned counsel for the respective parties and perused the material on record. W.A.1226/2020 35 ## 35. Impugned interim order reads thus: “The petitioner challenges Ext.P24 order passed by the Government granting permission to the Chief Returning Officer to conduct election to the 8[th] respondent, on 18.09.2020, at Kollam and Cherthalla. The main contention of the petitioner is that the same is in violation of the guidelines issued in Ext.P10 order dated 29.08.2020 of the Central Government as well as the provisions contained in Ext.P13 regulations issued by the State Government. It is also pointed out that the Chief Returning Officer who had requested to conduct the election on 4 days has thereafter changed the polling centers for conducting the election on the very same day, as per Ext.P25 notice, based on which there would be about 6000 voters crowded in each of the polling centers where several voters aged above 65 would have to cast their vote. 2. The learned counsel for the Chief Returning Officer points out that there are 60 booths each for the 6000 voters in each polling centers, as given in Ext.P25 notice itself and all arrangements are made to see that COVID protocol is adhered to strictly. It is also pointed out suitable arrangements would be made for the petitioner also who is a senior citizen to cast his vote. The learned counsel also points out that Ext.P14 notification for election was issued as early as on 28.06.2020, though Ext.P24 order was issued on 09.09.2020 3. It is seen that the petitioner did not have any complaint as against the election which was notified on 28.06.2020, as per Ext.P14 notice. As pointed out by Sri.Santhosh Mathew, learned counsel for the Chief Returning Officer as well as the learned Government Pleader, similar objections raised against the conduct of NEET Examination were repelled by this Court as well as the Apex Court. It is also pointed out that the Writ Petition challenging the by-elections was also dismissed by the Division Bench of this Court. It is seen from Ext.P24 order that appropriate directions are given to the Chief Returning Officer to ensure adherence to COVID protocol, in clause (i) to (xx) of paragraph 3 of the order. Therefore, I do not find any reason to interfere with the election scheduled to be conducted on the basis of Ext.P24. The interim order is declined. Post on 24.09.2020.” ## 36. The first lockdown period was issued in Exhibit-P4 order dated 24.03.2020 by the National Disaster Management Authority, which reads thus: W.A.1226/2020 36 “No.1-29/2020-PP (Pt-II) Dated : 24[th] March, 2020 ## **ORDER** Whereas, the National Disaster Management Authority is satisfied that the country is threatened by the spread of Covid-19, which have been declared as a pandemic by the World Health Organisation, and that it is necessary to take effective measures to prevent its spread across the country and for mitigating of the threatening disaster situation. And whereas, experts, keeping in view the global experiences oi countries which have been successful in containing the spread of COVID-19 unlike some others where thousands of people died. have recommended that effective measures tor social distancing should be taken to contain the spread oi this pandemic. And whereas. there is a need tor consistency in the application and implementation of various measures across the country while ensuring maintenance oi‘ essential services and supplies, including health infrastructure. Now, therefore, in exercise of the powers under Section 6(2)(i) of the Disaster Management Act, 2005, the National Disaster Management Authority has decided to direct Ministries/Departments of Government of India, State Governments and State Authorities to take measures for ensuring social distancing so as to prevent the spread of COVID19 in the country. Necessary guidelines in this regard shall he issued immediately under Section 10(2)(l) of the Disaster Management Act, 2005 by the National Executive Committee. These measures shall be in force for a period of twenty one days w. e. f. 25[th] March. 2020. Sd/- Member Secretary, NDMA” To Union Home Secretary, North Block, New Delhi-110001. 37. Subsequently, the lockdown was extended from time-to-time. The National Disaster Management Authority, New Delhi has gradually relaxed the restrictions and issued Exhibit-P10 order dated 29.08.2020 (Unlock 4), which reads thus: W.A.1226/2020 37 **==> picture [392 x 468] intentionally omitted <==** Guidelines for Phased Re-opening (Unlock 4), as per Ministry of Home Affairs (MHA) Order No.40-3/2020-DM-I(A) dated 29[th] August, 2020, _inter alia_ , dealing with social gathering etc., in clauses (l) and (lll) - activities permitted during Unlock-4 period outside the containment zones, states thus: “Social/ academic/ sports/ entertainment/ cultural/ religious/ political functions and other congregations with a ceiling of 100 persons, will be permitted with effect from 21[st] September 2020, with mandatory W.A.1226/2020 38 wearing of face masks, social distancing, provision for thermal scanning and hand wash or sanitizer. However, marriage related gatherings with number of guests not exceeding 50 and funeral/ last rites related gatherings with number of persons not exceeding 20 will continue to be allowed upto 20[th] September 2020, after which the ceiling of 100 persons will apply.” 38. As per clause (2) of Exhibit-P4 guidelines, National Directives for COVID-19, Management, as specified in Annexure I, shall continue to be followed throughout the country. 39. As per clause (4) of the abovesaid guidelines, persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years are advised to stay at home, except for essential and health purposes. ## 40. Clause 9 states strict enforcement of the guide and that, “(i) State/ UT Governments shall not dilute these guidelines issued under the Disaster Management Act, 2005, in any manner. (ii) For the enforcement of social distancing, State/ UT Governments may, as far as possible, use the provisions of Section 144 of the Criminal Procedure Code (CrPC) of 1973. (iii) All the District Magistrates shall strictly enforce the above measures.” 41. Exhibit-P12 is the Ordinance No.18 of 2020 - The Kerala Epidemic Diseases Ordinance, 2020, promulgated by the Governor of Kerala and an Ordinance to unify and consolidate the laws relating to regulation and prevention of epidemic diseases and for matters connected therewith or incidental thereto. W.A.1226/2020 39 ## 42. Clause 4 of the Ordinance, which speaks about power to take special measures and specify Regulations as to epidemic disease, reads thus: “ _**4. Power to take special measures and specify Regulations as to epidemic disease**_ .—(1) When at any time the Government is satisfied that the State or any part thereof is visited by or threatened with an outbreak of any epidemic disease, the Government may take such measures, as it deems necessary for the purpose, by notification in the official gazette specify such temporary regulations or orders to be observed by the public or by any person or class of persons so as to prevent the outbreak of such disease or the spread thereof and require or empower District Collectors to exercise such powers and duties as may be specified in the said regulations or orders. (2) In particular and without prejudice to the generality of the foregoing provisions, the Government may take measures and specify regulations,— (a) to prohibit any usage or act which the Government considers sufficient to spread or transmit epidemic diseases from person to person in any gathering, celebration, worship or other such activities within the State; (b) to inspect the persons arriving in the State by air, rail, road, sea or any other means or in quarantine or in isolation, as the case may be, in hospital, temporary accommodation, home or otherwise of persons suspected of being infected with any such disease by the officers authorized in the regulation or orders; (c) to seal State borders for such period as may be deemed necessary; (d) to impose restrictions on the operation of public and private transport; (e) to prescribe social distancing norms; (f) to restrict or prohibit congregation of persons in public places and religious institutions; (g) to regulate or restrict the functioning of offices, Government and private, and educational institutions in the State; (h) to impose prohibition or restrictions on the functioning of shops and commercial establishments, factories, workshops and godowns; W.A.1226/2020 40 (i) to restrict duration of services in essential or emergency services such as banks, media, health care, food supply, electricity, water, fuel, etc.; (j) such other measures as may be necessary for the regulation and prevention of epidemic diseases as decided by the Government.” 43. Exhibit-P13 is the Kerala Epidemic Disease corona Virus Disease (COVID-19) Additional Regulations, 2020 issued as per the notification bearing SRO. No.453/2020 published in the Kerala Gazette. Clauses 3(e) and 4 of the Regulations, read thus: “ _**3. General precautionary measures to be observed by all persons for control of COVID-19.**_ –To control and prevent spreading of COVID-19 in the State following measures shall be followed by all the persons:– (e) Social Gathering.–No manner of social gathering including get together, processions, dharna, congregation, demonstration etc., shall be conducted without the written permission of the concerned authority. The maximum participants in such social gathering shall not exceed ten persons. The persons participating in such gathering shall wear face cover/mask, use sanitizer and observe a social distance of six feet between them.” 4. The District Collectors shall ensure due compliance of the regulations.” 44. Exhibit-P14 election notice dated 26/06/2020 issued by the respondents 9 and 10 and published in the Kerala Kaumudy daily dated 28.06.2020 is extracted hereunder: W.A.1226/2020 41 **==> picture [349 x 522] intentionally omitted <==** W.A.1226/2020 42 **==> picture [381 x 560] intentionally omitted <==** W.A.1226/2020 43 **==> picture [393 x 583] intentionally omitted <==** W.A.1226/2020 44 ## 45. Order No. G.O.(Rt) No.709/2020/DMD dated 09/09/2020 (Exhibit-P24) issued by the 2[nd] respondent, impugned in the writ petition, is extracted hereunder: **==> picture [385 x 562] intentionally omitted <==** W.A.1226/2020 45 **==> picture [372 x 506] intentionally omitted <==** ## File No.DMA2/718/2020-DMD 1. Sree Narayana Trust Central School, Kollam 2. Sree Narayana Vanitha College, Kollam 3. Sree Narayana College, Kollam 4. Sree Narayana Guru College of Advance Studies, Cherthala 5. Sree Narayana Trust Higher Secondary School, Cherthala 6. Sree Narayana College, Cherthala. W.A.1226/2020 46 5) The SN Trust Kollam is permitted to conduct polling on 26/09/2020, 7/10/2020 and 8/10/2020 on the conditions mentioned above at Sree Narayana College, Cherthala. (By order of the Governor) DR. VISHWAS MEHTA CHIEF SECRETARY ## 46. Exhibit-P25 Election notice (amended) dated 11.09.2020 issued by the 10[th] respondent is extracted hereunder: **==> picture [310 x 502] intentionally omitted <==** W.A.1226/2020 47 47. In the election notice dated 28.06.2020, ten regional centres have been notified. Though, on 28.06.2020, one centre i.e. Sree Narayana College, Kollam, alone was notified for electing 111 representatives, as per clause 3(e) of the trust deed, in Exhibit-P25, Election Notice (Amended) dated 11.09.2020, three centres for conducting election for Kollam region have been notified, which are as follows: |**ELECTION CENTRE**|**BOOTH NUMBER**|**VOTER LIST NUMBER**| |---|---|---| |S.N. Trust Central<br>School, Kollam|1 to 60|1 to 6000| |S.N.Womens College,<br>Kollam|61 to 105|6001 to 10500| |S.N.College, Kollam|106 to 186|10501 to 18579| 48. The subject issue relates to Exhibit-P24 order passed by the State Government dated 09.09.2020, whereby permission has been granted to conduct S.N.Trust Elections at Kollam and Cherthala ensuring the measures delineated on account of the pandemic COVID-19 as per the provisions of the Disaster Management Act and Rules and the periodical notifications issued for the purpose by the Central and State Governments. In this writ appeal we are concerned only with the election to be conducted at Kollam and whether the election is permitted to be conducted on 18.09.2020, 26.09.2020 and 07.10.2020 or not. 49. One of the contentions advanced by the learned Senior Counsel for the appellant is that Exhibit-P14 election notice dated 28.06.2020, Exhibit-P24 impugned Government Order dated 09.09.2020 and Exhibit-P25 amended W.A.1226/2020 48 election notice dated 11.09.2020 re-scheduling the elections as specified above in the Kollam region in the manner specified thereto are illegal and without jurisdiction and also opposed to Exhibit-P5 order issued by the Government of India, Ministry of Home Affairs, New Delhi dated 24.03.2020 issued under the Disaster Management Act directing the State Governments to take appropriate action in accordance with the guidelines issued thereunder to control, regulate and manage the COVID-19 pandemic, Exhibit-P10 order and the guidelines issued by the same authority dated 29.08.2020 and Exhibit-P13 Ordinance issued by the State Government dated 2[nd] July 2020 introducing the Kerala Epidemic Diseases Ordinances 2020 for regulating the COVID-19 pandemic. 50. Contentions have been made that the Chief Secretary, Chairperson of the State Executive Committee, respondent No.2, has failed to consider the number of booths, the voters allotted to each centres etc. On the contention that the Chief Secretary is only the Chairman of the Executive Committee, he is not vested with the powers to be exercised by the State Authority under the Disaster Management Act, 2005, and therefore, the Chief Secretary has no power to consider the request made by the Chief Returning Officer, respondent No.10 and without making any enquiry, Exhibit-P24 order has been passed on 09.09.2020, during the course of arguments, we were provided with the copy of the request made by the Chief Returning Officer dated 17.08.2020, along with all the attendant documents, so as to enable the W.A.1226/2020 49 State Government to take appropriate action, in accordance with the provisions of the Disaster Management Act, 2005, and the guidelines issued, enabling the State Government to take appropriate action, at the earliest. 51. In the request, the Chief Returning Officer has pointed out that the Hon'ble Supreme Court has declined to postpone the NEET Entrance Examination and the elections notified for the Kerala State Co-operative Bank Ltd. However, in the light of the directives issued under the Disaster Management Act, 2005, the Chief Returning Officer has sought for permission to conduct the elections. Though a contention has been made as regards the jurisdiction of the Chairman of the Executive Committee, to pass the impugned Government Order (Exhibit-P20), it could be seen from Exhibit-P24 that the said order is passed by the Chief Secretary, Government of Kerala and not in the capacity of Chairman of the Executive Committee of the State Authority under the Act, 2005. We also find from the provisions of the Disaster Management Act that the State Authority is vested with ample powers under the Act 2005 to relax the powers conferred on it and delegate power on any other authority to carry out the functions of the State Authority. 52. Perusal of the request dated 17.08.2020 shows that the Chief Returning Officer has stated that the election process has started on 30.06.2020. Ten regions have been chosen, Returning Officers have been appointed for each centres enumerated in Exhibit-P20, the S.N.Trust has Colleges and Schools. In each centre of the region, there are four institutions W.A.1226/2020 50 of SN Trust viz., S.N.Colleges, SN Self Financing College, SN Trust Higher Secondary Schools, SN Trust High Schools, at Kollam, apart from these four institutions, there are SN College, Central Schools etc. According to the Chief Returning Officer, in all these institutions, sufficient number of booth can be arranged and election can be conducted in each centre on more days. The Chief Returning Officer has also stated that the Trust has already published the voters' list, objections against the draft list of voters were heard and final list published on 01.07.2020. 53. Our view on the exercise of jurisdiction, is also fortified that in the impugned Government Order dated 09.09.2020, it is stated that it is the Government which have examined the matter in detail and passed the orders, permitting the elections, subject to ensuring measures delineated thereunder. Though Exhibit-P20 representation dated 17.08.2020 has been addressed to the Chief Executive Officer of the State Disaster Management Authority, Government of Kerala, the said authority has not passed the impugned order, though the Chief Secretary, Chairperson of the State Executive Committee, respondent No.2, is the ex officio Chairperson of the Committee. 54. As rightly pointed out by the learned counsel for the Chief Returning Officer, 10[th] respondent, though the election process had commenced in June, 2020 and final list of voters published, the appellant/writ petitioner, has not chosen to prefer any objections to the conduct of the election, till 13.09.2020, the date of which the writ petition has been filed. Contention that he could file W.A.1226/2020 51 the writ petition only after obtaining the copy of the impugned Government order dated 9.9.2020, Exhibit-P24, cannot be accepted, when the process of elections had commenced in June, 2020 itself. Besides, the appellant being a voter, cannot feign ignorance of the scrutiny, objections been heard, and the finalisation of the voters' list in July, 2020 itself. 55. From the material on record, it is further deduced that some of the trustees P.N.Anuridhan already filed I.A. No.6 of 2019 in A.s. No.689 of 1972 before a Hon'ble Division Bench of this Court, to defer the conduct of the elections for the trustees and to that of the executive committee of the Trust, pending disposal of the petition dated 12.11.2019, filed by them and that the same has been dismissed by the Hon'ble Division Bench, which fact has been admitted by the appellant in paragraph 18 of the statement of facts filed in the writ petition. 56. Though earlier an attempt has been made to defer the elections under the guise of modification of the scheme, in the case on hand, citing the orders/regulations issued under the Disaster Management Act, 2005, elections are sought to be postponed. 57. Contention of the appellant is that congregation of 6000 voters in a centre, would be violation of the orders/regulations, and that the State Government/Chief Returning Officer cannot violate the same. It could be seen from the representation dated 8.9.2020, the Chief Returning Officer, has categorically stated that sufficient number of booths can be arranged and W.A.1226/2020 52 elections can be conducted in each centre on more days. On the aspect of change in the stand of the Chief Returning Officer, in conducting the elections for a period of four days, to avoid crowding and now conducting the elections to one day, it could be seen from the representation dated 17.08.2020 (Exhibit-P20), the Chief Returning Officer himself has stated that “if necessary, the actual polling could be conducted on more than a day as required”. Though it is contended that the Chief Secretary, Chairperson of the State Executive Committee, Government of Kerala, respondent No.2, has not addressed this issue specifically in the impugned order (Exhibit-P24), it is always open to the Chief Returning Officer to decide, depending upon the number of booths to be arranged in the centres for polling, and merely because the Chief Secretary has not addressed the above issue, the impugned Government order dated 9.9.2020 cannot be said to be invalid. 58. All that has been, in the case on hand, is whether the Chief Returning Officer or the Government, for that matter, have taken into account the guidelines/orders issued by the authorities under the Disaster Management Act, 2005 for conducting the elections, it could be seen from the election notice issued on 28.06.2020 (Exhibit-P14), it is categorically stated that election procedures are subject to COVID-19 regulations. While considering the representation dated 17.08.2020 (Exhibit-P20), Government have also made it clear that the elections should be subject to the measures to be followed. W.A.1226/2020 53 59. The discussion of facts made above would make it clear that the apprehension raised by the learned Senior Counsel for the appellant, in respect of violation of the guidelines issued by the State and Central Governments, due to the pandemic COVID-19, has been considered by the Government and reading of Exhibit-P24 order issued by the State Government dated 9.9.2020, we are of clear opinion that the permission has been granted, after examining the matter in detail and directing the Returning Officers to ensure that the measures delineated thereunder as scrupulously followed. At the risk of repetition, the order reads thus: ## **“ORDER** As per the representation read as 2[nd] paper above, the Chief Returning Officer SN Trust, Kollam has requested to grant permission to conduct election to the Board of Trustees of SN Trust Kollam in the light of directions of the Judgment read as 1[st] paper above and also in the light of the provisions of Disaster Management Act and Rules made thereunder. 2) The Government have examined the matter in detail and are pleased to accord permission to conduct election to the Board of Trustees of SN Trust at Kollam and at Cherthala on 18/09/2019 and 26/09/2020, 26/9/2020, 7/10/2020 and 8/10/2020 in the light of the directions of the Hon’ble High Court of Kerala in W.P(C) No.16703/2020 and in compliance with the provisions of Disaster Management Act and Rules made thereunder and subject to the following conditions. 3) The returning officers shall ensure the measures delineated hereunder are scrupulously followed while voting taken place. W.A.1226/2020 54 i. The physical distancing of at least 6 feet to be followed. ii. Use of face covers/masks to be made mandatory. iii. Practice frequent hand washing with soap (for at least 40-60 seconds) even when hands are not visibly dirty. iv. Use of alcohol-based hand sanitizers (for at least 20 seconds) can be made wherever feasible. v. Respiratory etiquette to be strictly followed. This involves the strict practice of covering one's mouth and nose while coughing/sneezing with a tissue/handkerchief/flexed and elbow and disposing off used tissues proper. vi. Self-monitoring of health by all and reporting any illness at the earliest. vii. Spitting shall be strictly prohibited. viii. Keeping in view the physical distancing norms, the adequate room capacity to ensure proper seating arrangements for polling will be ensured. ix. Appropriate arrangements for personal protection gears like face covers/masks, and other logistics like hand sanitizers, soap, sodium hypochlorite solution etc. shall be made available x. Presiding officer in the booths and agents submit self-declaration about health status to the returning officer. xi. Adequate manpower shall be deployed for maintaining discipline (to ensure observance to distancing norms and other preventive measures at all times) during the conduct of the voting. xii. Only asymptomatic staff and voters shall he allowed inside hall. xiii. All polling staff and voters to be allowed entry only if using face cover/masks. The face cover/mask has to be worn at all times inside the hall. xiv. Enough entry & exit gates for voters and staff shall be ensured to avoid overcrowding, maintaining physical distancing of a minimum of 6 feet, when queuing up for entry and inside the center. xv. Specific markings may be made with sufficient distance to manage the queue and ensure social distancing in the premises. xvi. Proper crowd management in the voting center, as well as outside premises like parking lots, waiting for areas — duly following physical distancing norms, shall be ensured. xvii. On completion of the voting, the voters shall be permitted to move out in an orderly manner with Special precautions for highrisk individuals. W.A.1226/2020 55 xviii. Effective and frequent sanitation within the premises shall be maintained with particular focus on lavatories, drinking, and handwashing stations/areas. xix. Cleaning and regular disinfection (using 1% sodium hypochlorite) of frequently touched surfaces (doorknobs, elevator buttons, handrails, benches, wash-room fixtures, etc.) to be made mandatory in the hall and other common areas. xx. Voters and staff advised to dispose of used face covers/masks in covered bins available at the center. The waste thus generated to be disposed off in accordance with the hazardous waste disposal guidelines. 4) The SN Trust Kollam is permitted to conduct polling in the following centers on 18/09/2020 on the conditions mentioned above. ## File No.DMA2/718/2020-DMD 1. Sree Narayana Trust Central School, Kollam 2. Sree Narayana Vanitha College, Kollam 3. Sree Narayana College, Kollam 4. Sree Narayana Guru College of Advance Studies, Cherthala 5. Sree Narayana Trust Higher Secondary School, Cherthala 6. Sree Narayana College, Cherthala. 5) The SN Trust Kollam is permitted to conduct polling on 26/09/2020, 7/10/2020 and 8/10/2020 on the conditions mentioned above at Sree Narayana College, Cherthala. Sd/(By order of the Governor) DR. VISHWAS MEHTA CHIEF SECRETARY” 60. It was thereafter that Exhibit-P25 amended election notice has been issued by the Chief Returning Officer to conduct the election on 18[th] and 26[th] of September, 2020 and 7[th] October, 2020 at Kollam. We also find from Exhibit- W.A.1226/2020 56 P25 election notice that 186 booths have been constituted by the Chief Returning Officer obviously, in accordance with the conditions issued in Exhibit-P24 order by the State Government. It is also evident from Exhibit-P25 that the election is conducted at 3 centres at Kollam i.e., S.N.Trust, Central School, Kollam, S.N.Women's College, Kollam and S.N.College, Kollam, at Booth Nos.1 to 60, 61 to 105 and 106 to 186 respectively. Even though various contentions are raised by learned Senior Counsel for appellant, that there is likelihood of violation of the guidelines and Exhibit-P24 order requires to be set aside, we are of the opinion that, the authorities are duty bound to take appropriate action for smooth conduct of the elections. Moreover, it is settled legal position that once an election is notified and if any person is aggrieved, he can only challenge the same after the elections are over. In fact, the learned Single Judge, while declining the interim relief, has borne in mind all these aspects. The realm of interference in an appeal filed under Section 5 of the High Court Act, 1971 is very limited, as to whether there is any legal infirmity justifying interference in the interim order. We are of the considered opinion that the entire aspects have been taken into account, bearing in mind the guidelines issued by the Central and State Governments, and the peremptory requirements contained under Exhibit-P24 order passed by the State Government. 61. In Exhibit-P20 representation dated 17.08.2020, the Chief Returning Officer has stated that the period of trustees is three years. The last election W.A.1226/2020 57 was conducted in May, 2017. That period has expired. The elections could not be conducted in time, due to COVID-19 pandemic. It can be conducted only in accordance with the regulations and directives issued by the authorities under the Disaster Management Act, 2005 and hence, the learned counsel sought for permission. 62. Though the learned Senior Counsel for the appellant submitted that in view of Clause 4 of Exhibit-P1 Trust deed, the trustees can continue in the office, notwithstanding the expiry of the term for which they have been appointed, until their successors assume office and on account of COVID-19, there is no need to conduct the elections, we are not inclined to accept the said contention for the reason that the said aspect has been taken note of by the committee, which has decided to conduct the elections and accordingly, nominated the 10[th] respondent - Chief Returning Officer, to conduct the elections. That apart, when the Chief Returning Officer has made Exhibit-P20 representation dated 17.08.2020, explaining the above position, the Government have also accorded permission. 63. The contention that the places for conducting the elections have already been identified in the trust deed and that the same cannot be changed also cannot be accepted as nobody could have foreseen COVID-19 regulations, when the trust deed was executed. As regards the manner of conducting the elections, the Chief Returning Officer has already made sufficient arrangements. W.A.1226/2020 58 In that view of the matter, we do not think that the appellant has made out any ground, so as to interfere with the order of the learned Single Judge impugned in this appeal. Needless to say, appeal fails, and accordingly dismissed. No costs. **Sd/S.MANIKUMAR CHIEF JUSTICE** **Sd/SHAJI P. CHALY JUDGE** Krj //TRUE COPY// P.A. TO C.J.