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2021 DIGILAW 391 (KER)

E. M. Augusthy v. Election Commission of India

2021-04-03

N.NAGARESH

body2021
JUDGMENT : The petitioners are candidates in the upcoming Legislative Assembly Elections notified to be held on 06.04.2021. They are contesting from Udumbanchola, Devikulam and Peerumedu Assembly Constituencies in Idukki District. All these three constituencies are bordering the State of Tamil Nadu. 2. The petitioners submit that it is the experience in the past that large number of persons whose names are included in the voters list of Assembly Constituencies in the State of Tamil Nadu, cross borders of Tamilnadu and comes to Kerala for casting votes in the Assembly Constituencies in Kerala. Such bogus votes seriously affect the electoral process. The respondents are aware of this situation where large number of persons coming from bordering State to cast bogus votes in Kerala. 3. It is the contention of the learned Senior Counsel for the petitioners that some measures are taken by the respondents like blockade of border roads. But such blockade on roads by the Police, are removed after some time and bogus voters are permitted to cross over to Kerala and cast votes on polling dates. In such circumstances, the leaned Senior Counsel for the petitioner urged that there shall be deployment of Central Forces during the polling date of Legislative Assembly Elections, which would prevent any possibility of bogus voters crossing the borders to Kerala. 4. The learned Standing Counsel for the Election Commission of India pointed out that during the 2016 Legislative Assembly Elections, one Kannan Kamaraj approached this Court filing WP(C) No.17305/2016. In the said writ petition, respondents filed a statement wherein it was stated that the people who need to cross the border for genuine reasons would be allowed to travel after proper verification of their identities and the sealing of the check post would not result in prohibition of all movement as apprehended by the petitioner therein. 5. The District Collector, Idukki has issued a communication to the Chief Election Commissioner, Thiruvnanthapuram explaining the steps taken to prevent bogus votes likely to be cast by persons coming from the neighbouring States. Paragraph 9 of the said letter dated 02.04.2021 reads as follows: 7. Therefore, it is evident that the District Electoral Officer has already decided to deploy Central Armed Police as Static Teams in the check posts on the date of polling as well as on the pre-poll day. Paragraph 9 of the said letter dated 02.04.2021 reads as follows: 7. Therefore, it is evident that the District Electoral Officer has already decided to deploy Central Armed Police as Static Teams in the check posts on the date of polling as well as on the pre-poll day. The District Police Chief, Idukki, in letter dated 02.04.2021 to the District Collector, Idukki has stated that on pre-poll day and on polling day, Central Armed Police Forces will be deployed as static teams in the four border stations and they will also be made available in the check posts. It is therefore evident that the respondents have taken possible steps to prevent bogus voting by persons coming from across the border. Therefore, the writ petition is disposed of recording the said steps taken by the District Electoral Officer and District Police Chief. Such decision will be implemented without fail.