Kerala High Court
Gopalakrishnan Nair vs The State Co-Operative Election ... on 5 August, 2021
WP(C) NO. 11689 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 11689 OF 2020
PETITIONER/S:
1. GOPALAKRISHNAN NAIR
S/O.PRABHAKARAN PILLAI, SOBHANATHIL, ANAKUDY P.O,
VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT
2. RAJEEV P.NAIR, S/O.PRABHAKARAN PILLAI,
ROSAMANGALATH VEEDU, KAILASATHUKUNNU, VAMANAPURAM
P O, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM,
PIN-695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL)
THIRUVANANTHAPURAM, PIN-695001.
3 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES(GENERAL)
NEDUMANGAD, THIRUVANANTHAPURAM,PIN-695645.
4 THE RETURNING OFFICER/UNIT INSPECTOR,
VENJARAMOOD, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES(GENERAL), NEDUMANGAD,
THIRUVANANTHAPURAM, PIN-695645.
5 THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD
NO.927,REPRESENTED BY ITS SECRETARY, VAMANAPURAM
P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695606.
WP(C) NO. 11689 OF 2020
2
6 THE ADMINISTRATIVE COMMITTEE OF THE VAMANAPURAM
SERVICE CO-OPERATIVE BANK LTD NO. 927,
REPRESENTED BY ITS CONVENER, VAMANAPURAM P O,
THIRUVANANTHAPURAM DISTRICT, PIN-695606.
7 ASHOK V.S
AMBILIY HILL, VAMANAPURAM P O, THIRUVANANTHAPURAM
DISTRICT-PIN-695606.
8 K.V. ASOKAN
KUZHIVILA PUTHEN VEEDU, ARANTHANAM, VAMANAPURAM,
THIRUVANANTHAPURAM DISTRICT-PIN-695606.
9 S.JAYASREE,
TINKU BHAVAN, KARIVAYAL, VAMANAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN-695606.
BY ADVS.
GOVERNMENT PLEADER
SRI.M.SASINDRAN
OTHER PRESENT:
SRI.K.B.PRADEEP, BY ORDER,
SMT.SHEEJA.C.S., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 11689 OF 2020
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.11689 of 2020
--------------------------------
Dated this the 5th day of August 2021
JUDGMENT
This Writ Petition is filed with the following
prayers:
i. To issue a writ of mandamus or any other
appropriate writ, order or direction, directing
the 2nd respondent to remove the 6th respondent
administrative committee and to appoint a part-
time administrator for managing the affairs of
the 5th respondent society, till the next
managing committee assumes charge.
ii. To issue a writ of mandamus or any other
appropriate writ, order or direction, directing
respondents 1, 3 and 4 to resume the election
process from the stage which it is stopped and
to complete the process of election, within a
time limit fixed by this Hon'ble Court.
iii. To grant such other reliefs as this
Hon'ble court may deem fit in the circumstances
of this case.
2. When this Writ Petition came up for
consideration, this Court as per order dated
WP(C) NO. 11689 OF 2020
28.10.2020 has appointed Adv.K.B.Pradeep as
Observer with regard to the conduct of the
election. Adv.K.B.Pradeep filed a report on
05.01.2021 in which it is stated that election was
conducted smoothly without any problem. But the
Observer submitted, certain facts which is
narrated in paragraph 3 of the report. The same is
extracted hereunder:
"3. Six separate booths were set up for
verification of the voters' identity with
reference to their particulars included in the
Form 6-B register. Form 6-B register maintained
by the Society, especially the one relating to
membership numbers 592 to 6663 is totally in a
bad shape. Several pages are mutilated and the
said register cannot stand another election. In
many of the pages, photographs have been
replaced and in some pages, the photographs are
even missing. The condition of the 6-B register
is so poor that it has become fragile to be
handled for any purpose. The age of such
registers is also a factor for such condition of
the register. During the verification procedure,
so many voters have been declined their right of
franchise on the ground that the signature in
the identity card held by them differs from that
which is available in the Form-6B register.
WP(C) NO. 11689 OF 2020
Member Nos.1841, 4189, 3442 are few among those
who were declined their valuable right of
franchise on the ground of variation of
signature. It may be noted that in so far as
members who enrolled in the membership of the
society 25 years back, there is a chance of
variation of their present signature by passage
of years. Several identity cards, especially
those issued in the year 2020, did not bear the
signature of the members, and it is noticed that
members were affixing their signatures in the ID
cards, just before verification, in the 6-B
verification counter. It will be ideal that
under the supervision of the department, the 6-B
registers are re-constructed, at least every 15
years, and fresh identity cards issued. Of
course the re-construction of the new 6-B
registers will have to be done with notice to
the members, and by obtaining their recent
photographs. It will be ideal that the 6-B
registers are maintained in the digital format
with unique identification numbers issued to the
members in their identity cars. This would, to a
large extend, eliminate the chances of tampering
with the 6-B register and the fake identity
cards".
3. According to me, this aspect is to be
looked into by the 5th respondent. Appropriate
action will be taken by the 5th respondent in the
light of the report submitted by the Observer
WP(C) NO. 11689 OF 2020
expeditiously.
4. When this court appointed the Observer, an
amount of Rs.50,000/- (Rupees Fifty Thousand only)
was fixed as preliminary remuneration. Since the
election is already conducted smoothly and also
considering the effort taken by the Observer, I
think an additional amount of Rs.50,000/- (Rupees
Fifty thousand only) is to be paid by the
petitioners to the Observer. Therefore, the
petitioners will pay an additional amount of
Rs.50,000/- (Rupees Fifty thousand only) to the
Observer, Adv.K.B.Pradeep within one month.
With the above observation this Writ Petition
is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
rkc
WP(C) NO. 11689 OF 2020
APPENDIX OF WP(C) 11689/2020
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ELECTION
NOTIFICATION NO. E(1)4388/2018/S.C.E.C
DATED 28.06.2018.
EXHIBIT P2 A TRUE COPY OF THE ORDER NO.E(1)
4388/2018/S.C.E.C. DATED 05.09.2018.
EXHIBIT P3 A TRUE COPY OF THE ORDER NO.E(1)
4388/2018/S.C.E.C. DATED 05.09.2018.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER IN
WP(C) NO. 33085 OF 2018 DATED
15.10.2018.
EXHIBIT P5 A TRUE COPY OF THE ORDER NO.
CRP(2)11157/18 DATED 17.10.2018.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED
08.03.2019 IN WP(C) NO. 35791 OF 2018
AND CONNECTED CASES.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED
03.07.2019 IN WA NO.893 OF 2019 AND
CONNECTED CASES.
EXHIBIT P8 A TRUE COPY OF THE ELECTION
NOTIFICATION NO.E(1)4388/2018/S.C.E.C
DATED 30.07.2019 PUBLISHED IN THE
MATHRUBHOOMI DAILY DATED 18.08.2019.
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED
22.08.2019 IN WP(C) NO.35791 OF 2018
AND CONNECTED CASES.
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED
16.12.2019 IN WP(C) NO. 35791 OF 2018
AND CONNECTED CASES.
EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED
23.01.2020 IN WP(C) NO. 1845 OF 2020.
WP(C) NO. 11689 OF 2020
EXHIBIT P12 A TRUE COPY OF THE ELECTION
NOTIFICATION NO. E(1)4388/2018/S.C.E.C
DATED 03.01.2020.
EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS OF THE
RETURNING OFFICER DATED 15.03.2020.
EXHIBIT P14 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN THE MALAYALA MANORAMA DAILY DATED
16.03.2020
EXHIBIT P15 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN THE KERALA KAUMUDI DAILY DATED
16.03.2020.
EXHIBIT P16 A TRUE COPY OF THE COMPLAINT FILED BY
D.MOHANAN DATED 15.03.2020.
EXHIBIT P17 A TRUE COPY OF THE INTERIM ORDER DATED
19.12.2017 IN WA 2405 OF 2017.
EXHIBIT P18 A TRUE COPY OF THE PROCEEDING NO
DDMA/01/2020/ COVID /VSCB DATED
29.9.2020 OF THE DISTRICT COLLECTOR.
EXHIBIT P19 A TRUE COPY OF THE REPRESENTATION FILED
BY THE 1ST PETITIONER BEFORE THE
REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM DATED 13.10.2020
RESPONDENTS' EXHIBITS
EXT.R7A TRUE COPY OF THE NOTIFICATION ISSUED BY
THE STATE CO-OPERATIVE ELECTION
COMMISSION SCHEDULING THE ELECTION ON
4.10.2020
EXT.R7B TRUE COPY OF THE CERTIFICATE ISSUED BY
THE HEADMISTRESS OF THE SCHOOL
DT.15.10.18
EXT.R7C TRUE COPY OF THE COMMUNICATION
DT.26.8.15 ISSUED BY THE ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT
WP(C) NO. 11689 OF 2020
EXT.R7D TRUE COPY OF THE LETTER DT.18.8.2015 BY
THE DIRECTOR, MINISTRY OF HUMAN
RESOURCES DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY OF THE
GOVERNMENT OF INDIA
EXT.R7E TRUE COPY OF THE INVITATION DT.MAY 2016
ISSUED BY THE PRESIDENT'S SECRETARIAT,
RASHTRAPATHI BHAVAN, NEW DELHI
EXT.R7F TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE PRESENTING OF AWARD TO THE 7TH
RESPONDENT BY THE PRESIDENT OF INDIA
EXT.R7G TRUE COPY OF THE RESOLUTION NO.44E
DT.14.7.15 ADOPTED BY THE COMMITTEE
HEADED BY THE WRIT PETITIONER
EXT.R7H TRUE COPY OF THE LETTER ADDRESSED TO
DINESH N.R. DT.16.8.15
EXT.R7I TRUE COPY OF THE RESOLUTION ADOPTED BY
THE ADMINISTRATIVE COMMITTEE
DT.12.11.18
EXT.R7J TRUE COPY OF TEH AGREEMENT DT.15.2.19
EXECUTED BETWEEN THE SOCIETY AND TEH
BIDDER
EXT.R7K TRUE COPY OF THE DETAILS OF ALLOTMENT
OF AREAS TO THE EMPLOYEES OF THE
SOCEITY
EXT.R7L TRUE COPY OF THE RESOLUTION NO.19
DT.1.6.19 ADOPTED BY THE ADMINISTRATIVE
COMMITTEE
