Kerala High Court
K.P.Girish vs Thrissur Government Medical College ... on 7 October, 2017
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 11TH DAY OF OCTOBER 2017/19TH ASWINA, 1939
WP(C).No. 32330 of 2017 (M)
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PETITIONER(S):
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K.P.GIRISH,
SENIOR CLERK, GOVERNMENT NURSING COLLEGE,
THRISSUR,RESIDING AT KUMARANCHIRA MADHOM,
NANDIPULAM P.O., THRISSUR
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S):
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1. THRISSUR GOVERNMENT MEDICAL COLLEGE EMPLOYEES
CO-OPERATIVE SOCIETY,
MEDICAL COLLEGE P.O., MULANKUNNATHUKAVU,
THRISSUR DISTRICT- 680 596 REPRESENTED BY THE SECRETARY
2. THE RETURNING OFFICER,
THRISSUR GOVERNMENT MEDICAL COLLEGE
EMPLOYEES COOPERATIVE SOCIETY, MEDICAL COLLEGE P.O.,
THRISSUR
3. THE CITY POLICE OCMMISSIONER,
THRISSUR - 680 001.
4. THE ASSISTANT COMMISSIONER OF POLICE,
GURUVAYOOR, THRISSUR DISTRICT - 680 101
5. THE CIRCLE INSPECTOR OF POLICE,
PERAMANGALAM, THRISSUR - 680 545
6. SUB INSPECTOR OF POLICE,
THRISSUR GOVERNMENT MEDICAL COLLEGE,
MULANKUNNATHUKAVU, THRISSUR DISTRICT - 680 596.
R BY SRI P.P. THAJUDEEN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32330 of 2017 (M)
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: 2 :
APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 TRUE COPY OF THE COMPLIANT FIELD BY THE PETITIONER DATED
07.10.2017 BEFORE THE CITY POLICE COMMISSIONER WITH ENGLISH TRANSLATION
EXHIBITP2 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PRESIDENT OF
THE SOCIETY DATED 07.10.2017 BEFORE THE CITY POLICE COMMISSIONER WITH
ENGLISH TRANSLATION.
RESPONDENT(S)' EXHIBITS:
--------------------------------
/True Copy/
P.A to Judge.
rv
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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W.P.(C) No. 32330 of 2017 (M)
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Dated this the 11th day of October, 2017.
JUDGMENT
Antony Dominic,J.
The petitioner is a member of the first respondent society. The election to the Board of Directors of the society is scheduled to be held on 12.10.2017 at the auditorium of the Thrissur Medical College Hospital. The petitioner contends that persons who are not members of the society are actively engaged in the election campaign, and that such persons are likely to disrupt the peaceful conduct of the election. It is in this background he has filed this writ petition seeking orders of police protection.
2. On behalf of the society, it is submitted that the President of the Society has also made a request on 07.10.2017 requesting the City Police Commissioner, Thrissur for deployment of adequate police force at the venue of election.
3. We heard the learned Government Pleader appearing for the official respondents as well.
4. Admittedly, the first respondent society is one with limited membership and its election is scheduled to be held on 12.10.2017 at the auditorium of Medical College Hospital, Thrissur. The election W.P.(C) No. 32330/2017 -2- process has to be completed in a peaceful atmosphere and if the election process is disrupted by anybody, either insiders or outsiders, that has to be dealt with by the police authorities.
In such a situation, it is ordered that in the event the election process is disrupted by anybody, it would be open to the Returning Officer or the President of the Society to report the matter to respondents 3 to 6, who thereupon shall take such action as is necessary for restoring normalcy in the area and for the smooth completion of the election.
This writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
Rv W.P.(C) No. 32330/2017 -3-