Ismail P vs State Of Kerala

Raja Vijayaraghavan V, J

The petitioner states that he is an elected member of the Niramaruthur Grama Panchayath. He owes allegiance to the United Democratic Front.

According to the petitioner, he along with eight other elected members have proposed a No Confidence Motion against the President of the Grama

Panchayath. The Secretary of the Panchayat, by Ext.P2 notice dated 2.7.2021, has notified the meeting of the elected members of the Panchayat to

be convened on 14.07.2021 at 11.00 a.m. The petitioner contends that the rival party members have announced that they would wreak havoc and

ensure that the No Confidence Motion is not convened as notified. He contends that persons who owe allegiance to the President of the Panchayat

would commit violence. In the said circumstances, the petitioner is stated to have submitted Ext.P3 complaint before the 3rd respondent. His

grievance is that no action is being taken by the police to maintain law and order and to ensure that the No Confidence Motion is convened in a

peaceful manner. It is in the afore circumstances that the petitioner has approached this Court seeking for the issuance of directions to the

respondents 3 and 4 to afford effective protection to the life of the petitioner and other elected members of the Niramaruthur Grama Panchayat

against any threat of violence by the 5th respondent or his henchmen.

Sri. P.P. Thajudheen, the learned Government Pleader, on instructions submitted that on receipt of the complaint from the petitioner herein,

directions were issued by the 3rd  respondent to 4th respondent to ensure that no law and order situation arises on 14.7.2021 on which day, the No

Confidence Motion is scheduled to be convened. The Station House Officer is the Inspector of Police, Tanur Police Station and he has formed a team

comprising two Junior officers and sufficient number of Civil Police Officers. The officers are stationed outside the office where the meeting is being

convened. It is also submitted that only the elected members and staff will be permitted to enter the office on 14.7.2021 and all measures shall be

taken to ensure that no one takes law into their own hands. The submission of Sri. T.P.Thajudheen, the learned Government Pleader is recorded.

In view of the nature of order that I propose to pass, notice to the party respondent is dispensed with.

The submissions made by the learned Government Pleader having been recorded, no further orders are required to be passed. The respondents 3

and 4 shall ensure that no act of violence is perpetrated by any person and law and order is maintained so that the proceedings pursuant to Ext.P2 can

be pursued peacefully.

This writ petition is disposed of.

Hand over.