Kerala High Court
Ancy Thomas vs The State Election Commission on 30 November, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
WP(C).No.26386 OF 2020(W)
PETITIONER/S:
1 ANCY THOMAS,
AGED 30 YEARS,
W/O MANJU VARGHESE,
OLIKKAL HOUSE,
MUNDUKOTTAKKAL,
PATHANAMTHITTA, PIN-689649.
2 GOPI,
AGED 60 YEARS,
S/O PARAMESWARAN,
UZHATHILVEEDU,
MUNDUKOTTAKKAL,
PATHANAMTHITTA, PIN-689649.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
RESPONDENT/S:
1 THE STATE ELECTION COMMISSION,
REPRESENTED BY ITS CHIEF ELECTORAL OFFICER,
VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN-695033.
2 THE DISTRICT COLLECTOR AND DISTRICT
ELECTORAL OFFICER,
PATHANAMTHITTA,
CIVIL STATION,
PATHANAMTHITTA, PIN-689645.
3 RETURNING OFFICER,
WARD NO.6 OF PATHANAMTHITTA MUNICIPALITY,
DISTRICT COLLECTORATE,
PATHANAMTHITTA, PIN-689645.
4 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE,
PATHANAMTHITTA PIN-689645.
W.P.(C)No.26386 of 2020
2
5 CIRCLE INSPECTOR OF POLICE,
POLICE STATION,
PATHANAMTHITTA, PIN-689645.
R1 BY SHRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMM
R3 AND R4 BY SRI.JAMES ABRAHAM, STANDING COUNSEL
SRI.C.M.NAZAR, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.26386 of 2020
3
W.P.(C)No.26386 of 2020
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JUDGMENT
The issue raised in the writ petition is covered in favour of the petitioners in terms of Exts.P4 and P5 judgments of this Court.
In the circumstances, the writ petition is disposed of directing the second respondent to take necessary steps to arrange dollie service for aged and disabled voters at the Polling Stations referred to in the writ petition for the ensuing election to the local bodies. The fifth respondent shall ensure that sufficient police force is made available at the Polling Stations referred to in the writ petitions so as to ensure that all voters who need dollie service are provided with the same.
Sd/-
P.B.SURESH KUMAR JUDGE rkj W.P.(C)No.26386 of 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE 2ND PETITIONER ISSUED BY THE ELECTION COMMISSION OF INDIA.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 11/07/2017 ISSUED BY THE STANDING DISABILITY ASSESSMENT BOARD, GENERAL HOSPITAL, PATHANAMTHITTA.
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE STEPS LEADING TO THE POLLING BOOTH.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 27/10/2015 IN WPC NO.32435/2015 OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 10/05/2016 IN WPC NO 17218 OF 2016 OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 29/06/2020 SUBMITTED BY THE CHAIRMAN, PUBLIC WORKS STANDING COMMITTEE, MUNICIPAL COUNCIL, PATHANAMTHITTA.
EXHIBIT P7 TRUE COPY OF THE DECISION OF THE PATHANAMTHITTA MUNICIPAL COUNCIL DATED 20/07/2018 (sic 20/07/2020) EXHIBIT P8 TRUE COPY OF THE COVERING LETTER DATED 14/08/2020 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COVERING LETTER DATED 14/08/2020 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.