Kerala High Court
Adv.S.Krishnakumar vs University Of Kerala on 25 November, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936
WP(C).No. 1729 of 2015 (M)
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PETITIONER:
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ADV.S.KRISHNAKUMAR, AGED 46 YEARS,
S/O.SREEDHARAN.K, PRASANNA BHAVAN,
THETTICHIRA, PERUNGUZHI,
THIRUVANANTHAPURAM - 695 305.
BY ADVS.SRI.GEORGE POONTHOTTAM
SRI.J.VISHNU
RESPONDENT(S):
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1. UNIVERSITY OF KERALA,
REPRESENTED BY THE REGISTRAR,
UNIVERSITUY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM - 695 034.
2. THE RETURNING OFFICER, ELECTION TO THE MEMBERS
OF THE SYNDICATE, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM - 695 034.
3. THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM CITY - 695 001.
R1 & R2 BY SRI.BECHU KURIAN THOMAS, SC
R3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 1729 of 2015 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1: TRUE COPY OF THE NOTIFICATION NO. ELECTION/SYNDICATE/2014
DATED 25.11.2014.
EXHIBIT P2: TRUE COPY OF THE NOTIFICATION NO.ELECTION/SYNDICATE(R)/2014
DATED 1.1.2015.
EXHIBIT P3: TRUE COPY OF THE REQUEST DATED 14.1.2015 GIVEN TO THE
REGISTRAR/RETURNING OFFICER.
RESPONDENT(S)' EXHIBITS: - NIL
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/TRUE COPY/
P.S. TO JUDGE
mbr/
ASHOK BHUSHAN, Ag.CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.1729 of 2015
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Dated this the 21st day of January 2015
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner, the learned Government Pleader and Sri.Bechu Kurian, learned counsel appearing for respondents 1 and 2.
2. By this writ petition, the petitioner has prayed for a direction commanding respondents 1 and 2 to take necessary steps to ensure the orderly conduct of election on the date of scrutiny, date of polling and at the time of counting from the beginning to end on 22/01/2015 and 05/02/2015 or on any postponed date in the presence of police personnel without the process being interrupted.
3. Petitioner's case is that election of Senate was notified by the University of Kerala which was postponed due to certain incident and now the scrutiny of nomination is W.P.C.No.1729/2015 2 scheduled on 22/01/2015.
4. It is submitted by the learned counsel for the University that the date for scrutiny is now fixed on 23/01/2015. Learned counsel for the University contends that the Registrar had already made a request in writing to the District Police Chief on 20/01/2015 requesting police bandobust arrangements in the Senate House Campus on 23/01/2015 from 1 p.m till the process is over. Learned counsel for the University submits that the University itself is taking all precautions and steps for peaceful conduct of the election and necessary instructions will be given to the Police personnel to avoid any such incident.
5. The learned Government Pleader submits that police personnel shall be present in the University Campus and shall act as per the request and direction of the Registrar.
6. In view of the above, there shall be a direction to the Registrar of the University to take appropriate steps and W.P.C.No.1729/2015 3 shall request the police authorities to ensure peaceful conduct of scrutiny and other steps for the election and police authority shall extend all necessary co-operation in that regard.
With these observations, this writ petition is disposed of.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.1729/2015 4 W.P.C.No.1729/2015 5