SAJITHA P P Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) THIS batch of Writ Petitions raise essentially common questions.

(2.) ONE of the petitioners is the Chairman of the Election Committee. In most of the cases, the petitioners are candidates in the forthcoming election to the Local Bodies scheduled to be held on 23/10/2010 and 25/10/2010. In a few cases, the petitioners are agents of the candidates. Petitioners have approached this Court apprehending that the elections to the Local Bodies will not be conducted in a free and fair manner. Various types of allegations have been raised. In some of the Writ Petitions, allegations are fairly general. In some other Writ Petitions, allegations are more specific. The allegations in many cases are to the effect that the polling stations are sensitive. The reliefs which have been sought in these Writ Petitions essentially are to grant police protection to the candidates, to their agents and also for the voters, so that the election is held in a free and fair manner. In many of the Writ Petitions, there is a prayer that the Election Commission Officials may be directed to videograph the electoral process in their polling stations.

(3.) SENSITIVE and troublesome areas in the State were identified through the District Superintendents of police and the District Collector. 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. They have been provided with vehicles and mobile phones to exercise their duties. 7. It is reported that 3218 polling stations in the State are situated in politically sensitive areas. The district wise number of polling stations identified as sensitive is given below. 126 polling stations are identified as vulnerable. in idukki there is no polling station identified as sensitive. In all other districts there are number of polling stations which are identified as sensitive. 1345 polling stations in Kannur District are identified as sensitive and this is the largest number of sensitive polling stations in the State followed by Ernakulam at 442 and Kozhikode at 3rd position with 396 polling stations. "8. Sufficient police forces have been deployed in these sensitive areas to meet law and order problems. Special care and attention have already been taken by the Police in these sensitive areas to provide adequate security measures to the electorate and the polling officials for the smooth conduct of election in a peaceful atmosphere.