Kizhuvilam Service Co-Operative ... vs The Station House Officer
2021 Latest Caselaw 4391 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                    WP(C).No.2553 OF 2021(T)


PETITIONER/S:

            KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD NO.2405
            REPRESENTED BY ITS SECRETARY,
             MUDAPURAM P.O. CHIRAYINKEEZH,
            THIRUVANANTHAPURAM- 695 314.

            BY ADVS.
            SRI.T.R.HARIKUMAR
            SRI.ARJUN RAGHAVAN

RESPONDENT/S:

      1     THE STATION HOUSE OFFICER
            CHIRAYINKEEZHU POLICE STATION,
            THIRUVANANTHAPURAM DISTRICT-PIN- 695 304.

      2     THE DEPUTY SUPERINTENDENT OF POLICE,
            ATTINGAL, THIRUVANANTHAPURAM 695 101.

      3     THE DISTRICT POLICE CHIEF,
            THIRUVANANTHAPURAM 695 001.

      4     THE ELECTORAL OFFICER,
            KIZHUVILAM SERVICE CO OPERATIVE BANK
            LIMITED NO. 2405, MUDAPURAM P.O.
            CHIRAYINKEEZH,
            THIRUVANANTHAPURAM 695 314,
            (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), CHIRAYINKEEZH,
            THIRUVANANTHAPURAM ).

      5     THE RETURNING OFFICER,
            KIZHUVILAM SERVICE CO OPERATIVE BANK
            LIMITED NO. 2405, MUDAPURAM P.O.
            CHIRAYINKEEZH,
            THIRUVANANTHAPURAM 695 314,
            ( UNIT INSPECTOR , ATTINGAL, OFFICE OF THE ASSISTANT
            REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            CHIRAYINKEEZH,
            THIRUVANANTHAPURAM ).
 WP(C).No.2553 OF 2021(T)
                              2

      6     THE STATE CO-OPERATIVE ELECTION COMMISSION,
            REPRESENTED BY ITS SECRETARY 3RD FLOOR,
            CO BANK TOWERS, VIKAS BHAVAN P.O.
            THIRUVANANTHAPURAM 695 033.




            R1-R5 SR.GP K.P HARISH,
            R6 SC SRI.R.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2553 OF 2021(T)
                                  3




                          JUDGMENT

The petitioner herein is a Primary Agricultural

Credit Society. The election to the 13 member

committee is proposed to be held on 07.02.2021. The

petitioner contends that it is a hotly contested election

and there is a possibility of some untoward incident in

the course of the election. Hence the Writ Petition is

filed. Though several reliefs are made, I am inclined

to permit the request for a direction to enforce Ext.P6

circular, issued by the State Police Chief. Accordingly,

there will be a direction to the first respondent to

ensure that the directions contained in Ext.P6 are

strictly enforced, to ensure that no law and order

situation in connection with the election arises, and

the elections are conducted smoothly.

2. Further, there will be a direction that to

ensure the smooth conduct of voting in election, the

entire process of election is videographed, at the WP(C).No.2553 OF 2021(T)

expense of the petitioner herein. However, the

videography shall be directly under the control and the

directions of the fifth respondent - returning officer.

The videographer shall cover the process of election,

the election booths and also the premises, strictly

ensuring that the confidentiality of the election and the

secrecy of voting is not affected.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2553 OF 2021(T)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ELECTION NOTIFICATION NO. O1/919/2020/E(2) S.C.E.C DATED 18.12.2020.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.01.2021.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.01.2021 ALONG WITH ACKNOWLEDGEMENT.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.01.2021 WITH ENDORSEMENT.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.01.2021.

EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.

28/2013 DATED 20.11.2013 ISSUED BY THE STATE POLICE CHIEF.

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 07.08.2019 IN WPC NO. 21601 OF 2019.

    EXHIBIT P8        A TRUE COPY OF THE JUDGMENT DATED
                      07.01.2020 IN WPC NO. 17 OF 2020



    RESPONDENT'S/S EXHIBITS        NIL