W.P.(C).27437-2020 & connected cases, High Court of Kerala at Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **WP(C).No.27437 OF 2020(D)** ## **PETITIONER:** **M. T. SIRAJUDHEEN, AGED 42 YEARS, SIRAJ MANZIL, POOVATHINKEEZHIL, CHITTARIPARAMBA, KANNUR - 670 650.** **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENTS:** **1 THE DISTRICT POLICE CHIEF (SUPERINTENDENT OF POLICE), KANNUR, PIN - 670 002.** **2 THE STATION HOUSE OFFICER KANNAVAM POLICE STATION, KANNUR DISTRICT, PIN - 670 650. 3 THE STATE ELECTION COMMISSION 'JANAHITHAM', VIKAS BHAVAN P. O., THIRUVANANTHAPURAM, PIN - 695 033. 4 THE DISTRICT COLLECTOR CIVIL STATION, KANNUR, PIN - 670 002. 5 THE SECRETARY, COMMUNIST PARTY OF INDIA, CHITTARIPARAMBA LOCAL COMMITTEE, CHITTARIPARAMBA, KANNUR DISTRICT, PIN - 670 650.** **SRI KP HARISH, SR GP SRI MURALI PURUSHOTHAMAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2020, ALONG WITH WP(C).27517/2020(L), WP(C).27532/2020(N), WP(C).27533/2020(N), WP(C).27559/2020, WP(C).27560/2020, WP(C).27561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **WP(C).No.27517 OF 2020(L)** ## **PETITIONER:** **K.RAMA PURUSHOTHAMAN, AGED 38 YEARS, W/O T. PURUSHOTHAMAN** **NIPPANAKKUNNU HOUSE, KANACHERI, EACHUR P.O., KANNUR - 670 591** **BY ADVS.** **SRI.M.MUHAMMED SHAFI SRI.MUHAMMED ANEEF PULUKKOOL SMT.T.RASINI** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRSENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 KERALA STATE ELECTION COMMISSION, JANAHITHAM TC - 27/6(2), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033 REPRESENTED BY ITS SECRETARY** - **3 THE DISTRICT COLLECTOR, (THE DISTRICT ELECTORAL OFFICER), DISTRICT COLLECTORATE, KANNUR, CIVIL STATION, KANNUR - 670 002.** - **4 RETURNING OFFICER, MUNDERI GRAMA PANCHAYATH, KANNUR - 670 334** - **5 THE DEPUTY SUPERINTENDENT OF POLICE, THALASSERY, KANNUR - 670 002.** - **6 THE STATION HOUSE OFFICER, PAZHAYANGADI POLICE STATION, KANNUR - 670 642** W.P.(C).No.27437-2020 & connected cases 3 **7 LEESHMA V.K, AGED 42 YEARS, W/O SATHYAN V.V, VALIYAVALAPPIL HOUSE, THALAMUNDA, KOODALI P.O., KANNUR - 670592** **SRI KP HARISH, SR GP SRI MURALI PURUSHOTHAMAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2020, ALONG WITH WP(C).27437/2020(D), WP(C).27532/2020(N), WP(C).27533/2020(N), WP(C).27559/2020, WP(C).27560/2020, WP(C).27561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **WP(C).No.27532 OF 2020(N)** ## **PETITIONER:** **P.V.SINDHU, AGED 37 YEARS, W/O. V.V.VENUGOPAL, ALAYATHUVEETTIL, POOMANGALAM, PANNIYUR P.O., KARIMBAN (VIA) PANNIYOOR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 142** **BY ADVS. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH** ## **RESPONDENTS:** - **1 THE STATE ELECTION COMMISSION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033, REPRESENTED BY STATE ELECTION COMMISSIONER** - **2 RETURNING OFFICER, (B-138-TALIPARAMBA BLOCK PANCHAYAT) , ASSISTANT INDUSTRIAL OFFICER, DISTRICT INDUSTRIAL OFFICE, CIVIL STATION, KANNUR-670 002** - **3 STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, TALIPARAMBA P.O.,KANNUR DISTRICT-670 141** - **4 DISTRICT POLICE CHIEF, KANNUR DISTRICT, CIVIL STATION. P.O., KANNUR-670 002** - **5 DISTRICT COLLECTOR, KANNUR DISTRICT, CIVIL STATION, KANNUR-670 002** **SRI BIMAL K. NATH, SR GP SRI MURALI PURUSHOTHAMAN, SC** ## **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** W.P.(C).No.27437-2020 & connected cases 5 **09.12.2020, ALONG WITH WP(C).27437/2020(D), WP(C).27517/2020(L), WP(C).27533/2020(N), WP(C).27559/2020, WP(C).27560/2020, WP(C).27561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **WP(C).No.27533 OF 2020(N)** ## **PETITIONER:** **M.P.SANTHOSH KUMAR, AGED 55 YEARS, S/O. PURUSHOTHAMAN, ISWARAKRUPA HOUSE, VELOOR, KOTTAYAM-686 003** **BY ADVS. SRI.TITUS MANI SRI.P.A.JACOB SRI.BINNY THOMAS** ## **RESPONDENTS:** **1 ELECTION COMMISSION, KERALA, JANAHITHAM, TC 27/6(2),VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033, REPRESENTED BY STATE ELECTION COMMISSIONER 2 THE DISTRICT POLICE CHIEF, KOTTAYAM-686 002 3 THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM-686 001** **SRI KP HARISH, SR GP SRI MURALI PURUSHOTHAMAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2020, ALONG WITH WP(C).27437/2020(D), WP(C).27517/2020(L), WP(C).27532/2020(N), WP(C).27559/2020, WP(C).27560/2020, WP(C).27561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **WP(C).No.27559 OF 2020** ## **PETITIONERS:** |**1**||**NIVED K.N.,**| |---|---|---| |||**AGED 34 YEARS,**| |||**S/O C NEELAKANDAN,**| |||**THEKKE VALAPP,**| |||**P.O CHERUVATHUR,**| |||**KASARGOD DISTRICT, PIN-671313.**| |**2**||**JAYASREE M V**| |||**AGED 49 YEARS**| |||**W/O K V RAVEENDRAN,**| |||**NEAR RTO, CHECK POST, P.O CHERUVATHUR,**| |||**KASARGOD DISTRICT,**| |||**PIN-671313.**| |**3**||**RAJENDRAN PAYYADAKATH**| |||**AGED 42 YEARS**| |||**S/O LATE R KARUNAKARA PODUVAL, PONMALAM,**| |||**P.O CHERUVATHUR, KASARGOD DISTRICT, PIN-671313.**| |||**BY ADV. SRI.M.V.AMARESAN**| |**RESPONDENTS**<br>**:**||| |**1**||**STATE ELECTION COMMISSION**| |||**REPRESENTED BY THE SECRETARY, CORPORATION OFFICE,**| |||**BUILDING COMPLEX, LMS JUNCTION,**| |||**THIRUVANANTHAPURAM, PIN-695001.**| |**2**||**THE DISTRICT COLLECTOR**| |||**(DISTRICT ELECTORAL OFFICER), KASARGOD, PIN-671121.**| |**3**||**THE DISTRICT POLICE CHIEF**| |||**VIDYA NAGAR, KASARGOD, PIN-671121.**| |**4**||**THE INSPECTOR OF POLICE**| |||**NILESWAR CIRCLE, KASARGOD DISTRICT, PIN-671314.**| W.P.(C).No.27437-2020 & connected cases 8 **5 THE SUB INSPECTOR OF POLICE CHEEMENI POLICE STATION, KASARGOD DISTRICT, PIN-671313.** **SRI KP HARISH, SR GP SRI MURALI PURUSHOTHAMAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2020, ALONG WITH WP(C).27437/2020(D), WP(C).27517/2020(L), WP(C).27532/2020(N), WP(C).27533/2020(N), WP(C).27560/2020, WP(C).27561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **WP(C).No.27560 OF 2020** ## **PETITIONERS:** - **1 LIJESH K.P. AGED 36 YEARS S/O.LAKSHMANAN, CHAREEN VEEDU, CHEPPARA NIDIYENGA, KANNUR DISTRICT-670 631.** - **2 K.V.KUNHIRAMAN MASTER, AGED 56 YEARS S/O.NARAYANAN NAMBIAR, KADANKOTTU VEETTIL HOUSE, NIDIYENGA, KANNUR DISTRICT-670 631.** - **3 AMBILI SEBASTIAN, AGED 32 YEARS W/O.VINU THOMAS, PUTHANPURAYIL HOUSE, PERUVUNHI, KANNUR DISTRICT-670 631.** - **4 JOSAFINA, AGED 60 YEARS W/O.KURIAKOSE, PULIKKAL HOUSE, SREEKANDAPURAM P.O., KANNUR DISTRICT-670 631.** **BY ADVS. SRI.K.V.SREE VINAYAKAN SHRI.COLIN ALEX** ## **RESPONDENTS:** - **1 STATE ELECTION COMMISSION REPRESENTED BY THE SECRETARY, CORPORATION OFFICE BUILDING COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM.** - **2 THE DISTRICT COLLECTOR, (DISTRICT ELECTORAL OFFICER) , KANNUR-670 002.** - **3 THE RETURNING OFFICER, SREEKANDAPURAM MUNICIPALITY, DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE,** W.P.(C).No.27437-2020 & connected cases 10 ## **THALIPARAMBA, KANNUR DISTRICT-670 141.** **4 THE DISTRICT POLICE CHIEF, TALAP, KANNUR-670 002.** - **5 THE INSPECTOR OF POLICE, SREEKANDAPURAM CIRCLE, SREEKANDAPURAM, KANNUR DISTRICT-670 631.** - **6 THE SUB INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION, SREEKANDAPURAM, KANNUR DISTRICT-670 631.** **SRI BIMAL K. NATH, SR GP SRI MURALI PURUSHOTHAMAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2020, ALONG WITH WP(C).27437/2020(D), WP(C).27517/2020(L), WP(C).27532/2020(N), WP(C).27533/2020(N), WP(C).27559/2020, WP(C).27561/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 11 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942 WP(C).No.27561 OF 2020** ## **PETITIONER:** **PRATHEESH P.T., AGED 42 YEARS, S/O.GOVINDAN.A.V., PRANAVAM, KOKKANISSERI, PAYYANNUR P.O., UDF CANDIDATE IN WARD NO.17 IN PAYYANNUR MUNICIPALITY, KANNUR DISTRICT, PIN-670 307.** **BY ADVS. SRI.SAJEEVAN KURUKKUTTIYULLATHIL SRI.P.S.BINU SRI.N.F.JOHN JOSEPH THOMAS KUM.S.ASHITHA** ## **RESPONDENTS:** **1 KERALA STATE ELECTION COMMISSION REPRESENTED BY THE STATE ELECTION COMMISSIONER, KERALA JANAHITHAM, TC 27/6(2), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695 033. 2 THE DISTRICT COLLECTOR KANNUR (AS DISTRICT ELECTION OFFICER), OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, THAVAKKARA, KANNUR DISTRICT, KERALA, PIN-670 002. 3 THE DISTRICT POLICE CHIEF, DISTRICT POLICE HEAD QUARTERS, CIVIL STATION, KANNUR DISTRICT, KERALA, PIN-670 370. 4 THE CIRCLE INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, KANNUR DISTRICT-673 528. SRI K.P.HARISH, SR GP SRI MURALI PURUSHOTHAMAN, SC** W.P.(C).No.27437-2020 & connected cases 12 **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2020, ALONG WITH WP(C).27437/2020(D), WP(C).27517/2020(L), WP(C).27532/2020(N), WP(C).27533/2020(N), WP(C).27559/2020, WP(C).27560/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C).No.27437-2020 & connected cases 13 ## **JUDGMENT** **[WP(C).27437/2020, WP(C).27517/2020, WP(C).27532/2020, WP(C).27533/2020, WP(C).27559/2020, WP(C).27560/2020, WP(C).27561/2020]** 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 ## W.P.(C).No.27437-2020 & connected cases 14 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 ## W.P.(C).No.27437-2020 & connected cases 15 ## 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 identified 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 additional police force, videography, web casting etc. will be undertaken as situations warrant. District election officers (District Collectors) will take steps for videography of polling booths on the basis of vulnerability assessment of the Polling Stations/locations by police and on being notified by the police. 8. Sufficient police forces will be deployed in sensitive areas to meet law and order problems. Special care and attention will be taken by the Police in sensitive areas to provide adequate security measures to the electorate and the polling officials for the smooth conduct of election in a peaceful atmosphere. 9. Strict instructions have been given to the police officials to take stringent and instantaneous action in accordance with law to prevent bogus voting, impersonation, booth capturing and other electoral offences. Any attempt to traverse the tranquility in order to take advantage from countermanding election or any attempt to interfere with the smooth process of election will be dealt with seriously by the police. Appropriate and immediate remedial action will be taken in accordance with law to defeat such despicable situations. 10. Thus every step is being taken by the State Election Commission with the assistance of the State machinery and police to ensure a free and fair election. The police have been instructed to provide adequate ## W.P.(C).No.27437-2020 & connected cases 16 protection to voters, polling agents of all political parties and candidates and to assist the election machinery to ensure, safe, fair and free poll. The arrangements will be reviewed each day with the assistance of the police.” 3. Sri. Murali Purushothaman, the learned standing counsel submitted that out of total number of 34710 polling booths, 1800 polling booths have been identified as hypersensitive. In those polling booths, webcasting facilities have been arranged and the proceedings are webcasted live to the offices of the Election Commission, District Electoral Officer as well as the police authorities. The remaining 1100 polling booths have been identified as sensitive and in those booths, videography will be provided. In other polling booths which have not been identified as sensitive or hypersensitive, the Election Commission has made arrangements to provide accredited videographers whose services can be availed by the candidates or their election agent at the expense of the person who makes a request to the District Collector. It is further submitted that the Election Commission have issued directions to the State to deploy enough police personnel to ensure that no obstruction is caused to the voter or the candidate by any antisocial element. The Commission has been informed by the State that enough police personnel would be deployed to ensure a free and fair election. He would further state that the District Election Officers are the District Collectors themselves and they will be monitoring every stage of the election and if situation so warrants, additional police force, videography, webcasting etc. will be undertaken. The evaluation will be done on the basis of the vulnerability W.P.(C).No.27437-2020 & connected cases 17 assessment and on the basis of the opinion of the election observers appointed in terms of Section 40A of the Kerala Panchayat Raj Act and 96A of the Municipality Act. He would further point out that as the voters will be permitted to vote only on the basis of the Election ID and as their name and photograph will be there in the voters slip issued by the Election Commission and hence, the chance of impersonation and bogus voting would be practically nonexistent. 4. Sri. Bimal K. Nath and Sri. K.P.Harish, the learned Senior Government Pleaders, submitted that though the election is being held under the supervision of the Election Commission, all support as required by the Commission has been extended by the State. The District Election Officers as well as the observers and other high level officers of the State are closely monitoring the election and as and when fresh inputs are received, the concerned officers shall initiate action and ensure that no person or group of persons interfere with the free and fair conduct of the election. In the event of any deficiency or irregularity being pointed out by the Election Commission, the same would be corrected and no effort shall be spared. It is further submitted that if any of the candidates or their election agent faces any threat while canvassing the votes, it is for them to bring the fact to the notice of the Superintendent of Police concerned and the said officer shall look into the issue and if the threats are found genuine, they shall ensure that the lives of the candidates and their agent are protected. In those petitions where complaints have been lodged before the local police or the superior officers, the complaints shall be looked into and if the threat is found genuine, enough protection shall be granted upto the date of election so that they can canvas votes and reach the W.P.(C).No.27437-2020 & connected cases 18 voters in a threat free manner. 5. I have carefully considered the submissions advanced and have meticulously gone through the statement as well as the records made available. 6. The 73rd and 74th Constitutional Amendments were passed by Parliament in December, 1992 and it was through these amendments that two new parts were added to the Constitution. The 73rd Amendment added Part IX titled “The Panchayats” and 74th Amendment added Part IXA titled “The Municipalities”. The Local bodies–‘Panchayats’ and ‘Municipalities’ came under Part IX and IXA of the Constitution after 43 years of India becoming a republic. The Panchayats and Municipalities are “institutions of self-governments” and their seats are filled up in a democratic manner by direct elections. 7. From the records made available it appears that there are about 1200 local governments in Kerala, which includes 941 Grama Panchayats, 152 Block Panchayats, 14 District Panchayats, 77 Taluks, 87 Municipalities and 6 Municipal Corporations. The local bodies are responsible for implementation of various Centrally-sponsored, State-funded, and Externally-aided schemes for poverty alleviation, employment generation, sanitation, capacity building, women’s social and economic empowerment apart from provision of basic amenities and services. In other words, under the Constitutional scheme, for a more effective development at the grassroot level, vast powers are granted to the local self government institutions. It is because of the effective involvement of well meaning people in the grassroot level that the Public Affairs Index published a few months back indexing the entire States in the country revealed that Kerala is the best-governed W.P.(C).No.27437-2020 & connected cases 19 State. It needs no reiteration that it is in the interest of the citizenry that elections to the local body are conducted in a free and fair manner and well meaning candidates, who are honest and competent, with integrity and good conscience, get elected to the local bodies. It is in order to effectuate the said purpose that an independent Election Commission has been constituted in each of the States in the Country for superintendence, direction and control of the electoral rolls. The duty cast upon the Election Commission to conduct and manage the election with the aid of the State Government machinery is onerous. 8. From the statement filed by the Election Commission, I am satisfied that the Election Commission, being fully aware of its responsibilities, have taken all measures possible to conduct the election in a free and fair manner. It is the duty of the officers of the State with particular emphasis to the police officers to aid the Election Commission to carry out its onerous responsibilities and to act with great alacrity and diligence. If both these stakeholders do their duty without fear and favour and in an unbiased manner, the citizenry will have continued faith in the democratic process and they shall make their way to the polling booth on election day and cast their votes so that the democracy in this country may thrive. ## **Police protection to the candidates and their election agents.** 9. In the writ petitions, the petitioners seek for assistance of the police to do canvassing without any threat or violence. The learned Government Pleaders have submitted that the entire might of the police in the State have been deployed to ensure that elections are held freely and fairly. From the statistics it appears ## W.P.(C).No.27437-2020 & connected cases 20 that about 1.68 lakhs persons have submitted nominations. It would not be possible for the police to extend protection to each and every candidate. However, in those petitions, wherein the candidates or their election agent have submitted complaints complaining of threat before the police, the Superintendent of Police of the area shall take note of the threat perceptions and grant protection to the candidates and their agents. I have already recorded the submission of the standing counsel appearing for the Election Commission as well as the learned Senior Government Pleaders that no effort shall be spared to ensure a state of peace and calm in and around the polling booths on election day so that the voters can exercise their franchise in a free and fair manner. ## **Facility for webcasting and video recording of election proceedings** 10. In most of the writ petitions, the petitioners have sought for videography of the election proceedings. The learned standing counsel has filed an additional statement wherein it is stated that 1800 polling stations have been identified as hypersensitive and in all those polling stations, webcasting facilities are being undertaken. 1100 polling stations are identified as sensitive and in all those polling stations, the Election Commission has already arranged for videography. Since the Election Commission has taken the decision to identify the polling booths on the threat perceptions and intelligence reports given by the police, this Court will not be justified in interfering with the discretion of the Election Commission and the high level officers of the State in that regard. Though ideally, videography ought to have been provided in all booths due to the resource limitations it would not be possible to undertake such an activity. W.P.(C).No.27437-2020 & connected cases 21 However, the Election Commission has identified accredited videographers and the candidates will be at liberty to approach the District Electoral Officer and on payment of necessary fees by the person as authorised by the candidate or his election agent, the Commission shall permit videography to be carried out. I also record the submission of the learned standing counsel appearing for the Election Commission that 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. I am of the view that the undertaking given by the Election Commission before this Court would serve the purpose and no further directions are warranted. ## **Maintaining peace and tranquility on election day** 11. In some of the writ petitions, the petitioners have sought for deployment of enough police personnel in and around the polling stations so that an atmosphere of calm is maintained there. They also say that on previous instances there have been incidents of violence. The learned standing counsel appearing for the Election Commission has emphatically stated before this Court that as per their directions, enough number of law enforcement officers specially trained for this purpose have been posted and they are satisfied with the arrangements made by the State. The learned Government Pleader has assured this Court that no efforts shall be spared to secure a state of calm in and around the polling stations so that the voters exercise their franchise with apprehension or W.P.(C).No.27437-2020 & connected cases 22 fear. At the same time, it cannot be forgotten that even the Election Commission have categorised as many as 2900 polling stations as sensitive out of which 1800 stations are hypersensitive. In such polling stations, the administration shall take a zero tolerance stand on election malpractices and violence and enough police personnel shall be posted to ensure that not a single voter is deprived of his rights to exercise his/her franchise. Even in polling stations which have not been categorised as sensitive and in those cases wherein the candidates or the election agents are before this Court in these writ petitions, enough number of police personnel shall be posted to rule out any incidents of violence or election malpractice. ## **Prevent electoral malpractices such as impersonation and bogus** ## **voting** 12. The grievance regarding impersonation and bogus voting though raised by the petitioners, such a possibility would be non existent as the issuance of valid voter IDs and the availability of the photograph of the voter in the voters slip and the provisions of the Act with regard to identification of voters would obliterate such issues. I also record the submission of the learned standing counsel appearing for the Election Commission that all measures have been taken to avoid bogus voting and impersonation and the provisions and other guidelines shall strictly be enforced. The videography and webcasting would also dissuade such impersonators from committing election malpractices. 13. Before parting I would like to reiterate the observations of their Lordships of the Division Bench of this Court in **Reghunath K.M. v. Inspector** ## W.P.(C).No.27437-2020 & connected cases 23 **General of Police and Ors.** [2011 (3) KHC 614], when it said that peaceful polling and free and fair elections cannot merely be left to the Election Commission or the police. It is for the members of the polity to realize the importance of exercise of franchise and to act with the sense of responsibility. This would include the political parties, their leaders and workers. 14. The petitioners are directed to produce a copy of the judgment before the District Police Chief concerned in those cases wherein they have sought for police protection for their lives. If their grievance is found genuine, the officer shall provide them effective protection from any threat or harassment as apprehended. These writ petitions are accordingly disposed of recording the submissions of the learned standing counsel appearing for the Election Commission and the learned Government Pleaders and with additional directions which have been issued by this Court. This Court expects that the undertaking given before this Court shall be adhered to strictly so that elections to the LSG Institutions can be held in a free and fair manner. ## **Sd/-** ## **RAJA VIJAYARAGHAVAN V** ## **JUDGE** ps W.P.(C).No.27437-2020 & connected cases 24 ## **APPENDIX OF WP(C) 27437/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 06.10.2020 BEFORE THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 27.11.2020 BEFORE THE 3RD RESPONDENT.** ## **RESPONDENTS EXHIBITS:NIL** W.P.(C).No.27437-2020 & connected cases 25 ## **APPENDIX OF WP(C) 27517/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE REPRESENTATION DATED 4.12.2020 TO THE 3RD RESPONDENT** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 4.12.2020 TO THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 4.12.2020 RESPONDENTS EXHIBITS:NIL** W.P.(C).No.27437-2020 & connected cases 26 ## **APPENDIX OF WP(C) 27532/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CANDIDATES IDENTITY CARD ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 27.11.2020** **EXHIBIT P2 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER TO THE RESPONDENT NO.1 DATED 5.12.2020** **EXHIBIT P3 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER TO THE RESPONDENT NO.3 AND 4 DATED 5.12.2020** **RESPONDENTS EXHIBITS:NIL** W.P.(C).No.27437-2020 & connected cases 27 ## **APPENDIX OF WP(C) 27533/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CANDIDATES IDENTITY CARD (FORM NO.4) EVIDENCING CANDIDATURE OF THE PETITIONER FROM WARD NO.26 EXHIBIT P2 TRUE COPY OF THE PETITION DATED 7.12.2020 EXHIBIT P2A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT** **RESPONDENTS EXHIBITS:NIL** W.P.(C).No.27437-2020 & connected cases 28 ## **APPENDIX OF WP(C) 27559/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 7.12.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 7.12.2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 7.12.2020 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 4.12.2020 SUBMITTED BY THE CHERUVATHUR GRAMA PANCHAYATH UDF CONVENOR ON BEHALF OF THE PETITIONERS BEFORE THE 2ND RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 8.12.2020 PASSED BY THIS HON'BLE COURT IN WPC NO.27284/2020.** ## **RESPONDENTS EXHIBITS:NIL** W.P.(C).No.27437-2020 & connected cases 29 ## **APPENDIX OF WP(C) 27560/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS HEREIN VIA E- MAIL BEFORE THE 1ST RESPONDENT ISSUING COPY TO THE RESPONDENTS 2 AND 4 DATED 08.12.2020.** ## **RESPONDENTS EXHIBITS:NIL** W.P.(C).No.27437-2020 & connected cases 30 ## **APPENDIX OF WP(C) 27561/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT ON 08.12.2020. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 1.12.2020 TO THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WPC NO.26840/2020 OF THE HON'BLE HIGH COURT OF KERALA DATED 04.12.2020.** ## **RESPONDENTS EXHIBITS:NIL**