ANIL K.NARENDRAN, J.
The petitioner has approached this Court aggrieved by the inaction on the part of respondents 1 to 3 in extending adequate police protection to the smooth conduct of the bye- election in Ward III (Mukkola) in Taliparamba Municipality and taking adequate measures for preventing any manipulations in the voting by large scale impersonation or bogus voting.
2. On 13/5/2014 this Court admitted the matter and issued notice by special messenger to respondents 4 to 6.
3. The learned Standing Counsel for the State Election Commission has filed a statement on behalf of the 3rd respondent and paragraphs 4 and 5 of the said statement read thus:-
“There is only one polling booth in Ward No.3 of Taliparamba Municipality and as per the vulnerability assessment by the Police the same has been assessed as a sensitive booth. There were incidents of clashes between IUML and SDPI recently in the area. Therefore, the Police have made special arrangements to meet law and order situation. Considering the sensitivity of the area the District Police Chief, Kannur has informed the Commission that additional Police force will be deployed. Further, the District Collector, Kannur has arranged videography during the hours of polling.
5. As per the provisions under Rule 31 of the Kerala Municipality (Conduct of Election) Rules, 1995 as amended by Kerala Municipality (Conduct of Election) Amendment Rules, 2012 the voters will have to produce the electoral identity card issued by the Election Commission of India or other alternative documents prescribed by the State Election Commission for identification. The photocopy of the proceedings No.246/2014/SEC dated 12-05-2014 issued by the State Election Commission in terms of Rule 31 is produced herewith and marked as Annexure-A”
As per the statement filed by the 3rd respondent the State Election Commission has with the assistance of the State and District machinery and the police had already taken every step to ensure a free and fair bye-election to Ward No.III of Taliparamba Municipality.
4. We heard the arguments of the learned counsel for the petitioner, the learned Government Pleader for the first respondent, the learned Standing Counsel for respondents 2 and 3 and the learned counsel appearing for respondents 4 to 6. Learned counsel for the petitioner submitted that the Writ Petition may be disposed of recording the statement made by the State Election Commission.
In such circumstances, the Writ Petition is disposed of directing the first respondent to give adequate and sufficient police protection to the petitioner and other candidates, their polling agents and the voters during the election process scheduled to be conducted on 22/5/2014 in respect of Ward No.III (Mukkola) in Taliparamba Municipality, so as to enable a free and fair election. It is further directed that the 2nd respondent, the Returning Officer, shall insist production of electoral identity cards issued by the Election Commission of India or other alternative documents prescribed by the State Election Commission in Annexure-A proceedings for casting votes by the voters in the election process scheduled to be conducted on 22/5/2014.
A.V.RAMAKRISHNA PILLAI, JUDGE ANIL K.NARENDRAN, JUDGE skj