Kerala High Court
Ajitha K vs The Returning Officer on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
W.P.(C) No.3025 OF 2021(C)
PETITIONER/S:
AJITHA K.
AGED 42 YEARS
W/O. SRENDRAN.C., PPK BHAVAN, PATTANUR, THALASSERY
TALUK, KANUR 670 595.
BY ADV. SRI.PRANOY K.KOTTARAM
RESPONDENT/S:
1 THE RETURNING OFFICER
ELECTION TO THE PATTANUR VILLAGE VANITHA CO-OPERATIVE
SOCIETY KOLAYAD UNIT INSPECTOR, OFFICE OF THE ASST.
REGISTRAR (GENERAL), KUTHUPARAMBA, KANNUR 670 643.
2 THE SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE, TALAP, KANNUR
670 002.
3 CIRCLE INSPECTOR OF POLICE,
POLICE STATION, MATTANNUR, KANNUR, 670702.
4 THE SECRETARY,
PATTANUR VILLAGE VANITHA CO-OPERATIVE SOCIETY
LIMITED, NO. C. 1254, PATTANUR (P.O.), KANNUR 670
595.
OTHER PRESENT:
SRI GRASHIOUS KURIAKOSE (SR) FOR PETITIONER ; SRI
SUNIL NATH N.B- GOVERNMENT PLEADER ; SRI LAKSHMI
NARAYAN - R1 ; SRI SIVARAMAN P.L - R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3025 OF 2021(C)
2
JUDGMENT
The petitioner, who is the President of the managing
committee of Pattanur Village Vanitha Co-operative Society Ltd.,
has filed this writ petition under Article 226 of the Consitution of
India, seeking a writ of mandamus commanding the 1 st respondent
to verify the validity of the identity card of each voter with the
Form 6B register maintained in the Society, in the presence of the
4th respondent Secretary in the election to the managing
committee of the Pattanur Village Vanitha Co-operative Society
Ltd, scheduled to be conducted on 14.02.2021. The petitioner has
also sought for a writ of mandamus commanding the respondents
to take all necessary steps for conducting fair and transparent
election to the new managing committee of Pattanur Village
Vanitha Co-operative Society.
2. Going by the averments in the writ petition, election to
the new managing committee of the Society in question is
scheduled to be held on 14.02.2021. In connection with the
previous election to the managing committee of the Society, the
Co-operative Arbitration Court (Northern), Kozhikode by order
dated 10.01.2014, found certain irregularities in the conduct of
election. The petitioner submitted Ext.P1 representation dated
W.P.(C) No.3025 OF 2021(C)
30.01.2021 before the 1st respondent Returning officer; the 2 nd
respondent Superintendent of Police, Kannur; and also the 3 rd
respondent Circle Inspector of Police, Mattannur, Kannur and
thereafter, moved this writ petition seeking the aforesaid reliefs.
3. On 05.02.2021, when this writ petition came up for
admission, the learned Government Pleader was directed to get
instructions.
4. On 11.02.2021, the learned Standing Counsel for State
Co-operative Election Commission took notice on admission for the
1st respondent Returning Officer. The learned Government Pleader
took notice on admission for respondents 2 and 3 and urgent
notice on admission by e-mail was ordered to 4 th respondent,
returnable by 12.02.2021. The learned counsel for the petitioner
was directed to furnish the e-mail ID and also a scanned copy of
this writ petition to the Registry.
5. Heard the learned Senior Counsel for the petitioner, the
learned Standing Counsel for the State Co-operative Election
Commission for the 1st respondent Returning Officer, the learned
Government Pleader for respondents 2 and 3 and also Sri. Adv. P.
L. Sivaraman, the learned counsel for the 4th respondent.
6. The Kerala Police Act, 2011 is enacted to consolidate
W.P.(C) No.3025 OF 2021(C)
and amend the law relating to the establishment, regulation,
powers and duties of the Police Force in the State of Kerala and for
matters connected therewith and incidental thereto. Chapter II of
the Act deals with duties and functions of Police. Section 3 of the
Act deals with general duties of Police. As per Section 3, the Police,
as a service functioning category among the people as part of the
administrative system shall, subject to the Constitution of India
and the laws enacted thereunder, strive in accordance with the
law, to ensure that all persons enjoy the freedoms and rights
available under the law by ensuring peace and order, integrity of
the nation, security of the State and protection of human rights.
Section 4 of the Act deals with functions of Police. As per Section
4, the Police Officers shall, subject to the provisions of the Act,
perform the functions enumerated in clauses (a) to (s) of Section
4. As per clause (a), the Police Officers shall enforce the law
impartially; and as per clause (b), the Police Officers shall protect
the life, liberty, property, human rights and dignity of all persons in
accordance with the law.
7. Lord Denning in 'The Due Process of law' [First Indian
Reprint 1993, Page 102] has described the role of the Police thus;
"In safeguarding our freedoms, the police play vital
role. Society for its defence needs a well-led, well-
W.P.(C) No.3025 OF 2021(C)
trained and well-disciplined force or police whom it can
trust, and enough of them to be able to prevent crime
before it happens, or if it does happen, to detect it and
bring the accused to justice.
The police, of course, must act properly. They must
obey the rules of right conduct. They must not extort
confessions by threats or promises. They must not
search a man's house without authority. They must not
use more force than the occasion warrants."
8. In Manohar Lal Sharma v. Principal Secretary
[(2014) 2 SCC 532] the Apex Court held that, one of the
responsibilities of the police is protection of life, liberty and
property of citizens. The investigation of offences is one of the
important duties the police has to perform. The aim of
investigation is ultimately to search for truth and bring the
offender to the book. The Apex Court reiterated the said principle
in Ankush Maruti Shinde v. State of Maharashtra [(2019) 15
SCC 470].
9. The learned Standing Counsel for the State Co-
operative Election Commission would submit that the 1st
respondent Returning Officer shall take necessary steps to ensure
free and fair election to the managing committee of the Society in
question. Videograph of the process of the election can be
arranged at the request of the petitioner, on condition that the
W.P.(C) No.3025 OF 2021(C)
entire expense has to be met by the petitioner herself.
10. The learned Government Pleader, on instructions, would
submit that the 3rd respondent Circle Inspector of Police shall take
necessary steps for the smooth conduct of the election, taking
note of the directions contained in Circular No.28/2013 of the
State Police Chief dated 20.11.2013.
11. In such circumstances, this writ petition is disposed of
by directing respondents 2 and 3 to ensure smooth conduct of
election to the managing committee of Pattanur Village Vanitha
Co-operative Society Ltd., which is scheduled to be held on
14.02.2021, strictly in accordance with the directions contained in
the Circular dated 20.11.2013 issued by the State Police Chief. The
1st respondent Returning Officer shall ensure that there is no bogus
voting or impersonation of voters, by having the identity of the
voters verified with reference to the relevant records maintained in
the Society, the identity card issued in Form 6A or and any one of
the document specified in the Explanation to Rule 35A(6)(n)(ix) of
the Kerala Co-operative Societies Rules, and also Form 6B register
maintained in the Society.
If the petitioner makes a written request before the 1 st
respondent Returning Officer to videograph the process of election,
W.P.(C) No.3025 OF 2021(C)
at her own expenses, the said request shall be favourably
considered by the said respondent. Such videography shall be
permitted without causing any manner of disturbance to the voters
and officials or in any manner interfering with the balloting done in
the polling booths.
Sd/-
ANIL K. NARENDRAN
JUDGE
MIN
W.P.(C) No.3025 OF 2021(C)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
30.01.2021.
