LAWS(KER)-2020-12-388

A.JAYARAMAN Vs. STATE ELECTION COMMISSIONER

Decided On December 08, 2020
A.Jayaraman Appellant
V/S
STATE ELECTION COMMISSIONER Respondents

JUDGEMENT

(1.) Petitioner is an office bearer of the political alliance, 'United Democratic Front' contesting in the ensuing election to the local bodies in the State. It is stated by the petitioner that in the all party meeting convened prior to the election, there was a suggestion from the fourth respondent to change the polling stations of Ward Nos.5, 6, 9, 12 and 13 of Kayyur - Cheemeni Grama Panchayath. The petitioner therefore preferred Ext.P1 representation before the District Election Officer requesting him to refrain from changing the said polling stations. It is stated that while Ext.P1 representation was pending consideration, the polling stations of Ward Nos.5, 6, 9, 12 and 13 have been changed without any previous notice to the voters or to the representatives of the political parties. It is asserted by the petitioner that the polling stations have been changed at the instance of the political alliance 'Left Democratic Front' for their benefit in the election. It is also asserted by the petitioner that the change of the polling stations does not have the approval of the State Election Commission. Similarly, it was alleged by the petitioner that the present locations of the polling stations are not convenient to majority of the voters, especially the elders. It is also alleged by the petitioner that the voters have now to travel more than six kilometres to reach the polling stations. It is stated by the petitioner that as per the guidelines issued by the State Election Commission, polling stations are to be within the radius of two kilometres. On the aforesaid grounds, the petitioner seeks appropriate directions to the respondents to retain the polling stations in their original locations.

(2.) The State Election Commission has taken the stand that the changes in the polling stations have been approved by them.

(3.) On 18.11.2020, when the writ petition came up for further consideration, this Court directed the State Election Commission to get instructions as to the reasons for changing the polling stations pointed out by the petitioner. A further statement was accordingly filed by the State Election Commission on 19.11.2020 with the report of the District Election Officer.