Kerala High Court
Jose V.Jacob vs The District Police Chief on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.1544 OF 2021(P)
PETITIONER:
JOSE V.JACOB
AGED 56 YEARS
S/O.JACOB,
RESIDING AT VELIKKAKATH HOUSE,
THALAYOLAPARAMBU P.O.,
KOTTAYAM DISTRICT,
PIN-686 605.
BY ADVS.
SRI.JELSON J.EDAMPADAM
SRI.P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOTTAYAM DISTRICT, PIN-686 001.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DY.S.P., VAIKOM SDPO, VAIKAOM P.O.,
PIN-686 141.
3 THE CIRCLE INSPECTOR OF POLICE,
STATION HOUSE OFFICER,
THALAYOLAPARAMBU POLICE STATION,
THALAYOLAPARAMBU,
KOTTAYAM DISTRICT,
PIN-686 605.
4 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION,
CO-BANK TOWERS,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM DISTRICT,
PIN-695 033,
REPRESENTED BY ITS SECRETARY.
5 THE ELECTORAL OFFICER,
THALAYOLAPARAMBU FARMER'S SERVICE CO-OPERATIVE BANK
LTD.NO.278, THALAYOLAPARMBU P.O.,
KOTTAYAM DISTRICT-686 605,
(ASSISTANT REGISTRAR OF CO-OPERATIVE
WP(C).No.1544 OF 2021
2
SOCIETIES(GENERAL), VAIKOM).
6 THE RETURNING OFFICER,
THALAYOLAPARAMBU FARMER'S SERVICE CO-OPERATIVE BANK
LTD.NO.278, THALAYOLAPARMBU P.O., KOTTAYAM
DISTRICT-686 605,
(UNIT INSPECTOR, MEVELLOOR,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL), KOTTAYAM).
7 THALAYOLAPARAMBU FARMER'S SERVICE CO-OPERATIVE BANK
LTD.NO.278,
THALAYOLAPARMBU P.O.,
KOTTAYAM DISTRICT-686 605,
REPRESENTED BY ITS MANAGING DIRECTOR.
SR.GP BIMAL K NATH, SC, SRI.LAKSHMI NARAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1544 OF 2021
3
JUDGMENT
Dated this the 22nd day of January 2021
The petitioner herein is a member of the 7th
respondent bank. The election to the Managing
Committee is proposed to be held on 24.01.2021.
2. According to the petitioner panels are led
by candidates from both the ruling front and the
opposition front and there are other independent
candidates also. According to the petitioner,
going by the past history of elections, there is
every possibility that attempts would be made to
interfere in the smooth functioning of the
election process. Petitioner submits that,
specific instructions may be given to respondent
Nos.1 to 3 to implement Ext.P8 circular issued by
the State Police chief.
3. The learned Senior Government Pleader on
instructions submitted that, specific instructions
WP(C).No.1544 OF 2021
has been given by the State Police Chief, vide
Ext.P8 and it will be ensured that, Ext.P8 will be
enforced in this election also.
4. It is recorded and it is directed that,
the election shall be conducted by the Returning
Officer in accordance with law and respondent
Nos.1 to 3 shall ensure that Ext.P8 is effectively
enforced and any law and order situation will be
avoided. The Returning Officer shall give
necessary instructions to the respondent No.3 in
writing in case it is found required. The election
will be completely under the supervision and
control of the Returning Officer.
The petitioner also requested for video
graphing the entire process of election. This is
permitted to be done at the expense of the
petitioner and under the supervision and direction
of the Returning Officer. He shall engage a
Videographer with a specific direction that, he
shall cover the venue for election but at the same
time ensuring that, sanctity and secrecy of
WP(C).No.1544 OF 2021
election is not interfered with. The petitioner
shall meet the expenses for the Video graphing.
Writ petition is disposed of.
H/O
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.1544 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION
NO.O1/814/2020/SCEC DATED 15.12.2020.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING
THE SUBMISSION OF EXHIBIT P2.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF
EXHIBIT P4.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
16.01.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING
THE POSTAGE OF EXHIBIT P6 AND SIMILAR
REPRESENTATION TO RESPONDENTS 4 AND 5.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.28/2013 DATED
20.11.2013 ISSUED BY THE STATE POLICE
CHIEF.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 13.08.2018
OF THIS HON'BLE COURT IN WPC NO.27534/2018.
//True Copy// P.A to Judge
