(2015) 430 KLW 612

 IN THE HIGH COURT OF KERALA AT ERNAKULAM 

V. CHITAMBARESH, J.

WP(C) NO. 32159 OF 2015

Dated this the 21st day of October, 2015 

PETITIONER

B.A. KASIM

BY ADVS.SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL 

RESPONDENTS

1. STATE ELECTION COMMISSION, KERALA, CORPORATION OFFICE COMPLEX, L.M.S. JUNCTION, PALAYAM, THIRUVANANTHAPURAM.695 033.

2. DISTRICT ELECTORAL OFFICER, DISTRICT COLLECTOR, KASARAGOD 671 121.

3. ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI, DELHI 110 001.

4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.695 001. 

BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION BY GOVERNMENT PLEADER SRI. BOBY JOHN PULIKKAPARAMBIL

JUDGMENT 

The hand book issued by the State Election Commission for the conduct of election to the local bodies has been made available to me. Clause III (iv) thereof is the effect that no police station, hospital or place of religious worship shall function as a polling station. A 'Madrassa' is neither a place of religious worship nor does it have religious significance. 'Madrassa' only means a building which houses a school. I do not think that any of the instructions issued by the State Election Commission has been flouted in the instant case.

2. The fact that both the booths of Ward No. 1 of Chengala Grama Panchyat are located in 'Madrassa' after much deliberation is evident. Paragraphs 5 and 6 of the statement filed on behalf of the first respondent is extracted hereunder:-

“5. There was a request from the CPI (M) political party to relocate the polling stations of ward No. 1 of Chengala Grama Panchayat to other building since those buildings are Madrassas. Considering the said request, a field enquiry was caused by the Returning Officer and details of such enquiry was explained by the Returning Officer in the meeting of political parties convened on 29.06.2015 at the Chengala Grama Panchayat office. In the said meeting, it was unanimously agreed that booth No. 2 - Himayath Nagar Himayathul Islam Madrassa need not be relocated. Considering the request of CPI(M) to shift booth No. 1 to A.U.P. School, enquiry was conducted and it was reported that the said school is situated on the boundary of Chengala - Madhur Grama Panchayats and only very few voters of the polling booth are residing there and further majority of the voters are residing near Kadampatta Nurul Madrassa (booth No. 1). Therefore, it was decided in the said meeting of the political parties that both the booths of ward No. 1 of Chengala Grama Panchayat need not be relocated. The photocopy of the letter No. A3 57/2014 dated 30.06.2015 issued by the Assistant Electoral Registration Officer to the District Election Officer is produced herewith and marked as Annexure R1(A).

6. It is submitted that the aforesaid buildings were used as polling booths during the last General Election to Local Self Government Institutions.”

3. It is too late in the day to shift or relocate the polling booths in ward No. 1 of Chengala Grama Panchayat. The petitioner relied on the judgment dated 14.03.2014 in WP(C) No. 7240/2014. The same pertains to the election to the Lok Sabha wherein the instructions to polling officers are different. The instructions therein stipulate that no polling booth shall be had in place having religious significance. But the hand book in the instant case only interdicts having polling booths in the places of worship. I have no doubt in my mind that a 'Madrassa' is not a place of worship and that a polling booth can well be had. 

The Writ Petition fails and is dismissed. 

V. CHITAMBARESH JUDGE 

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