The Moolathara Service ... vs The Kerala State Co-Operative ...
2021 Latest Caselaw 6143 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      WP(C).No.4036 OF 2021(D)


PETITIONER/S:

            THE MOOLATHARA SERVICE COOPERATIVE BANK
            LIMITED NO.P-518, MEENAKSHIPURAM.P.O, PALAKKAD
            DISTRICT -642103,
            REPRESENTED BY ITS CONVENOR.

            BY ADVS.
            SRI.GEORGE POONTHOTTAM (SR.)
            SMT.NISHA GEORGE
            SRI.VISHNU B.KURUP

RESPONDENT/S:

      1     THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION,
            3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN.P.O,
            THIRUVANANTHAPURAM-695033,
            REPRESENTED BY ITS ADDITIONAL REGISTRAR/SECRETARY.

      2     THE ELECTORAL OFFICER/ASSISTANT REGISTRAR
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), CHITTUR,
            PALAKKAD DISTRICT, PIN CODE-680027.

      3     THE RETURNING OFFICER/UNIT INPSECTOR,
            KOZHINJAMPARA UNIT, PALAKKAD DISTRICT,
            PIN CODE-678555.

      4     THE SUPERINTENDENT OF POLICE,
            PALAKKAD, PALAKKAD DISTRICT-678001.

      5     THE DEPUTY SUPERITENDENT OF POLICE,
            PALAKKAD, PALAKKAD DISTRICT-678001.

      6     THE CIRCLE INSPECTOR OF POLICE,
            MEENAKSHIPURAM, PALAKKAD DISTRICT-642103.

                SR.GP.K.P.HARISH
                SRI.R.LAKSHMI NARAYAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4036 OF 2021(D)

                                   2




                             JUDGMENT

According to the petitioner, the election to the

managing committee is proposed to be held on

21.02.2021. It is apprehended that since the election is

seriously contested, there is a chance of interference in

the process of election, that voters are likely to be

threatened and chance of bogus voting cannot be ruled

out. It was further submitted that on 10.02.2021, when

few persons reached the bank to submit their papers,

they were obstructed by a group of persons. Hence, the

bank apprehends serious law and order issues. In this

background Ext.P5 application was submitted. Petitioner

has approached this court seeking effective police

assistance.

2. The learned senior Government Pleader on

instructions submitted that already Director General of

Police has given a standing instruction that necessary

police assistance shall be provided for ensuring peaceful WP(C).No.4036 OF 2021(D)

election to the Co-operative Societies/Banks. It was

submitted by the learned senior Government Pleader that

pursuant to the above, effective steps will be taken by

the 6th respondent - Circle Inspector of Police,

Meenakshipuram, Palakkad District. This is recorded.

3. In the light of the above, there will be a

direction to the 6th respondent that requisite police

personal shall be deployed sufficiently in advance before

the commencement of election till the counting is over

and results are declared. In case of any specific complaint

regarding the law and order, that shall also be attended.

Further, the entire process of election shall be

videographed for which necessary arrangements shall be

made by the petitioner. Expense will be met by the

petitioner. It is further made clear that though

arrangements are to be made by the petitioner, the

videography will be under the direction and supervision of

the returning officer. The person taking videograph shall

cover the entire area, polling booth, the premises and

other areas. However, it shall be ensured that they do WP(C).No.4036 OF 2021(D)

not transgress into the free and fair voting by the voters.

It shall also be ensured that the entire Covid-19 protocol

is maintained. Returning officer shall also intimate the

concerned sectoral Magistrate, who shall visit as and

when required and ensure that Covid-19 protocol is

maintained.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.4036 OF 2021(D)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION DATED 28.10.2020 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO.E(1)3213/2020/S.C.E.C.DATED 29.01.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE RETURNING OFFICER ON 10.02.2021 BEFORE THE CIRCLE INSPECTOR OF POLICE.

EXHIBIT P4 TRUE COPY OF THE DECISION OF THE ADMINISTRATIVE COMMITTEE DATED 15.02.2021.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 12.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE.

  RESPONDENT'S/S EXHIBITS            NIL