ASHRAF PULUKKOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants filed W.P.(C)No.24148 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to forthwith reconsider and revise the polling station allocation for Ward Nos.9 and 11 of the 6th respondent Pariyaram Grama Panchayat, strictly in accordance with the binding guidelines, i.e., Ext.P5 guidelines dtd. 25/1/2025 issued by the

(2.) nd respondent State Election Commission; a writ of mandamus commanding respondents 4 and 5 to fix Government Commercial Institute, Nelliparamb, as a polling station for voters in Ward No.9 or any other premises which qualify the mandates of Ext.P5 guidelines; a writ of mandamus commanding respondents 4 and 5 to fix St. Joseph's School, Pushpagiri, as the polling station for voters in Ward No.11 or any other premises which qualify the mandate of Ext.P5 guidelines; declare that the proposal to designate Thalora A.L.P. School in Ward No.11 as the common polling station for both Ward Nos.9 and 11 is arbitrary and violative of the binding guidelines and infringing the fundamental rights of the voters of Ward Nos.9 and 11 under Articles 14 and 21 of the Constitution of India. 2. The appellants-petitioners are permanent residents of the Pariyaram Grama Panchayat. In the writ petition, the learned Standing Counsel for the 2nd respondent State Election Commission filed a statement dtd. 14/7/2025, opposing the reliefs sought for, producing therewith Annexures R2(a) to R2(c) documents. The 7th respondent Secretary of the 6th respondent Pariyaram Grama Panchayat has also filed a counter affidavit dtd. 23/8/2025, producing therewith Ext.R7(1) to Ext.R7(7) documents. The learned Standing Counsel for 2nd respondent State Election Commission has filed an additional statement dtd. 11/9/2025, producing therewith Annexures R2(d) to R2(g) documents. The petitioners have filed a reply affidavit dtd. 4/8/2025, producing therewith Exts.P13 to P21 documents.

(3.) The learned Single Judge, by the judgment dtd. 29/10/2025, dismissed W.P.(C)No.24148 of 2025 along with the connected matter, i.e., W.P.(C)No.26619 of 2025. The learned Single Judge noted that the stand in the counter affidavit filed by the 7th respondent, who is the Secretary of the 6th respondent Pariyaram Grama Panchayat, that Thalora A.L.P. School in Ward No.11 is a public building that meets all the statutory and logistical requirements of a polling station, including the availability of disabled-friendly access, drinking water and other necessary amenities. The said school is located within 1 km radius of the Thalora region of Ward No.9 and is within 2 km radius of the other wards of the said region. The alternative suggestions made by the petitioners to designate a Government Commercial Institute for Ward No. 9 and Pushpagiri St. Joseph High School for Ward No. 11 were also considered. As stated in the counter filed by the 2nd respondent State Election Commission, the Commission called for and obtained reports from the 7th respondent Secretary of Pariyaram Grama Panchayat, as evidenced by Annexure R2(a). After analysing the objections raised by the petitioners and also the report submitted by the Secretary of the Grama Panchayat, Annexure R2(c) order was passed by the State Election Commission, in which the grievance of the petitioners was also considered in detail and the same was rejected. The learned Single Judge found no reason to interfere with the decision taken by the State Election Commission. The learned Single Judge observed that locating the place of polling booths, considering the convenience of the voters, is the discretion of the authority concerned. Unless there is malice, allegation of collusion, etc., the High Court need not interfere with the same, invoking the powers under Article 226 of the Constitution of India.