K.MURALEEDHARAN Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioner is the Chief Election Agent of Sri.Abdul Salam Ravuthar, a candidate contesting the election scheduled to take place on 10.12.2020 to Vaikom Municipality from Ward No.15. It is stated by the petitioner that in the course of the campaign, the candidate was infected with COVID-19 and consequently he is undergoing treatment at the Government Hospital, Kottayam since 28.11.2020. On account of the said reason, it is stated that the petitioner is now under quarantine. It is also stated by the petitioner that the candidate is not likely to be discharged from the hospital before the election. As the candidate is unable to campaign for the election, the petitioner submitted Exts.P3 to P5 representations before respondents 1 to 3 seeking orders for adjourning the poll to a date to be notified later, invoking Section 127 of the Kerala Municipality Act (the Act). This writ petition is filed thereupon alleging that Exts.P3 to P5 representations are not being considered by the respondents.

(2.) Heard the learned counsel for the petitioner as also the learned Standing Counsel for the State Election Commission.

(3.) The learned counsel for the petitioner submits that respondents are duty bound under sub section (1) of Section 127 of the Act to adjourn the poll in a case of this nature and that their inaction to consider the representations preferred by the petitioner is unjustified. The learned counsel has also pointed out that the petitioner as also the candidate have a right to be present at the polling stations as also at the counting stations in terms of the provisions of the Act and they are deprived of the said right on account of the inaction on the part of the respondents concerned in acting upon the representations preferred by the petitioner.