'Polling Day Should Be A Day Of Peace, Not War': Kerala High Court Directs Robust Security Measures Ahead Of Local Body Elections

Justice P.V. Kunhikrishnan was considering a batch of writ petitions filed apprehending law and order problems and, therefore, seeking deployment of additional police force, web casting/videography in the respective polling booths.

The government pleader told the Court that the State Police Chief has made arrangements for the smooth conduct of elections and special arrangements are made in sensitive and hyper-sensitive booths identified by the SEC.

The Commissioner of Police, Kannur City submitted a report stating that live web casting and additional police force are deputed in the 470 booths that are identified as sensitive.

Adding to this, the SEC submitted that the District Election Officers can order videography at the expense of the contesting candidates wherever malpractice is apprehended by them.

After hearing the parties, the Court felt it appropriate to issue certain directions for the smooth conduct of elections, which are scheduled to happen on December 9 and 11. It directed the State and District Police Chiefs to take necessary steps for live webcasting and deputing additional police force in sensitive and hyper sensitive booths.

The District Election Officers are directed to allow the applications preferred to have videography in the polling booths, which are to be done at the applicants' expense if such applications are preferred within the time limit provided in the judgment.

The petitioners are given the liberty to apply for police protection to the life of candidates, their agents before the District Police Chief or Commissioner of Police within the time limit mentioned. In case such applications are received, the afore officers are to give sufficient protection to these persons.

The Court also added that in case of law-and-order problems, the State and District Police Chiefs concerned are to deploy additional police force.

Quoting Gandhi, it was further remarked that polling day should not be an occasion for violence.

"The polling day is the day on which a voter use his powerful tool that can make and break an elected body in a democracy. It should not be a day of war, but it should be a day of peace. Mahatma Gandhi said that “The ballot is the most powerful nonviolent tool to a citizen in a democratic country.”"

Noting that most of the pleas in the batch were from Kannur, the Court encouraged the residents there to show that it is not a place of political violence but where fair elections are conducted.

“Before parting, I am forced to say about Kannur District, from where several Writ Petitions came up apprehending violence, law and order problem etc. Kannur is one of the northern District in our State. It is generally states that, people of Kannur exhibit genuine hospitality, welcoming visitors with warmth and treating them like their family member, family rooted in strong community bonds and cultural values. I think that, in 2011 census, the overall literacy rate in Kannur District is above the average literacy rate in the State. Even then, why Keralites think that, Kannur is a place of political violence? The entire Kannur people should awaken in this election and show to the entire State that it is a place where free and fair election is conducted. The general public of Kannur and the entire machinery of police force in Kannur District should come forward to remove the bad label to the Kannur District. I leave it there.”

Court's Directions

The directions issued are extracted below:

“1. The police authorities and the officers of the State Election Commission will do the needful to see that the General Election – 2025 to the local bodies is smoothly conducted on 9th and 11th of December, 2025.

2. The State Police Chief and the jurisdictional District Police Chief will do the needful for live web casting and for deputing additional police force as mentioned earlier in the booths which are identified by the State Election Commission as hyper sensitive booths and sensitive booths,

3. If any of the petitioners' want videography in any of their polling booths, they can file an application before the jurisdictional District Election Officer within three days from today. If such an application is filed, the jurisdictional District Election Officers will allow videography at the expense of the applicants' concerned. If any application is already filed to that effect, the same will be allowed at the expense of the applicants' concerned.

4. The petitioners are free to file appropriate application for police protection to the life of the candidates, their agents etc., before the jurisdictional District Police Chief or Commissioner of Police within three days. If such an application is received, sufficient protection should be given to those persons in accordance with the law.

5. I make it clear that, if there is any law and order problem, the State Police Chief and the District Police Chief concerned will see that additional police force is deputed to that area. For that purpose, the candidates or its agents can submit appropriate application and if the police officers are convinced about the genuineness of the same, the jurisdictional police officers will do the needful to depute the additional police force.”

Thus, the Court disposed of the pleas.

Case No: WP(C) No. 45460 of 2025 and connected cases

Case Title: V.R. Sudheer v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 809

Counsel for the petitioners: K.C. Vincent, P.M. Habeeb, Niya Vincent, Philip T. Varghese, Thomas T. Varghese, Achu Subha Abraham, V.T. Litha, K.R. Monisha, Jijo Paul, C.J. Jincy, Ebin Mathew, P.J. Mathew, Akhila Shoji, Krishnapriya Prasad, J. Harikrishna, Mahesh V. Ramakrishnan, Praveen K.S., Alphin Varghese, Anilkumar V. (Vazharambil), Benny Thomas Kavalam, T. Asafali, Laliza T.Y., K.V. Sree Vinayakan, Colin Alex, Appu Babu, Sreelakshmi Sabu, K.N. Abhilash, Sunil Nair Palakkat, Rithik S.Anand, Rishi Varma T.R., P.K. Ravisankar, Cibi Thomas, Swarna Thomas, Anusree K., Nisha George, George Poonthottam (Sr.), Silpa Sreekumar, M. Muhammed Shafi, T.Rasini, Rameesa Rasheed, Adheela Nowrin

Counsel for the respondents: Deepa V. – Government Pleader, Deepu Lal Mohan – SC – State Election Commission, Vidya Kuriakose – Sr. GP, Suman Chakravarthy – SC – Thiruvananthapuram Corporation,

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