Twenty20 moves Kerala High Court against setting up polling booth at mosque

The Kerala High Court on Monday asked the State Election Commission to respond to a petition challenging the proposal to set up a polling station at a mosque in Kummanodu ward of Kizhakkambalam panchayat for the upcoming panchayat polls in the State [Twenty 20 Party & anr v State Election Commission Kerala & ors]

Justice CS Dias listed the matter for consideration on September 15 after a brief hearing.

"Learned Standing Counsel seeks time to file a statement. Post next Monday.", the Court said.

The petition by the political party Twenty 20 and Sreesha PD, a local resident of the Kummanodu Ward, said that the use of a mosque as polling booth for the upcoming panchayat elections is against the guidelines of the State Election Commission and the principles of neutrality and secularism.

According to the plea, State Election Commission in its circular dated January 25 had directed the district election officers to avoid places of worship, hospitals, and police stations while selecting polling locations, to ensure that voters get safe and comfortable while casting votes.

According to the plea,

"The very object of the direction to avoid Places of Worship while fixing polling stations is that using a religious place might give an impression that the election process is being influenced by, or associated with, a particular religion, which goes against the secular principles of the Constitution. More over places of worship are closely linked with religious sentiments and community identity. Holding polling inside them may indirectly influence voters, consciously or subconsciously, in favor of a candidate or party associated with that faith. Like wise, all citizens must feel comfortable and safe while casting their vote."

The petitioners highlighted that during the 2020 panchayat elections, the polling booth located at the mosque had witnessed widespread violence, subsequently forcing authorities to shift the polling centre during Assembly and Lok Sabha elections.

It was argued that placing a poll station inside a mosque could intimidate the voters of other communities, leading to communal polarization.

As per the petitioners, despite suggestions to use neutral venues like an Anganwadi centre, the proposal by the Panchayat secretary to fix the polling station at the mosque was pushed through without proper consultation.

On August 20, a representation was made by Sreesha and other voters to the District Collector (Election) urging to shift the polling station to the Government UP School in Kummanodu or another neutral location. However, the request was ignored, compelling the petitioners to move Court.

The plea was filed through advocates Blaze K Jose, Gayathri AL and Afrus Shahana.