Sandeep Kumar.P.K. vs The State Co-Operative Election ...
2021 Latest Caselaw 3352 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2123 OF 2021(M)


PETITIONER/S:

             SANDEEP KUMAR.P.K., AGED 40 YEARS
             S/O PONNU NAIR, KANIYATH HOUSE,
             KALLUR P.O.THRISSUR DISTRICT, PIN-680 317.

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

RESPONDENT/S:

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

      2      THE ELECTORAL OFFICER,
             KALLUR SERVICE CO-OPERATIVE BANK LTD NO R 277,
             KALLUR P.O.THRISSUR DISTRICT, PIN-680 317,
             (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL), MUKUNDAPURAM,THRISSUR).

      3      THE RETURNING OFFICER,
             KALLUR SERVICE CO-OPERATIVE BANK LTD NO R 227,
             KALLUR P.O, THRISSUR DISTRICT, PIN-680 317
             (UNIT INSPECTOR, AMBALLUR, OFFICE OF THE ASSISTANT
             REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
             MUKUNDAPURAM, THRISSUR).

      4      THE KALLUR SERVICE CO-OPERATIVE BANK LTD NO R 227,
             REPRESENTED BY ITS SECRETARY, KALLUR P.O.
             THRISSUR DISTRICT, PIN-680 317.

      5      THE DISTRICT COLLECTOR,
             CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

             R2, R3 AND R5 SR.GP K.P HARISH,
             R1 SC ADV.R.LAKSHMI NARAYAN,
             R4 ADV.P.C SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2123 OF 2021(M)
                                     2




                              JUDGMENT

The petitioner herein who is the member of the

fourth respondent society has approached this court

with a prayer to adjourn the election of the society

proposed to be conducted on 31.01.2021. According to

the petitioner, there are altogether 16,000 members in

the society and majority of them have crossed 60 years.

On an earlier occasion election was notified by virtue of

Ext.P1, which was adjourned due to the spread of

Covid-19 pandemic. According to the petitioner herein,

the above situation continue even now. The Panchayath

has also requested for adjournment of election

evidenced by Exts.P6 and P7.

2. Opposing the application, the learned senior

Government Pleader submitted that there is nothing in

the way of conducting the smooth election. It is also

submitted that no report has been received from the

concerned Health authorities of District administration..

3. Opposing the application, the learned counsel WP(C).No.2123 OF 2021(M)

for the fourth respondent submitted that there are only

850 members of the society who have crossed 60 years.

It was also submitted that the statistics indicate that as

on January 2021, one case alone was reported, who has

since recovered.

4. It seems that after Ext.P1, the elections to the

Local Self Government Institution in Kerala were

conducted. Having considered this and in the absence

of any material on record to show that election cannot

be conducted due to the Covid-19 pandemic, I am not

inclined to interfere with the election process.

Accordingly, Writ Petition fails and is dismissed.

However, it is made clear that the election shall be

conducted strictly in accordance with the Covid-19

protocol.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2123 OF 2021(M)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION NO O1/165/2020/E91) S.C.E.C DATED 12.2.2020

EXHIBIT P2 A TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 22.9.2020

EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION NO E(1)/687/2020/S.C.E.C DATED 7.9.2020 PUBLISHED IN THE MATHRUBHUMAI DAILY DATED 16.9.2020

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 1.10.2020 IN WPC NO 19794 OF 2020

EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 12.01.2021 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 14.1.2021, FILED BY THE PRESIDENT OF THE THRIKKOOR GRAMA PANCHAYAT BEFORE THE 5TH RESPONDENT

EXHIBIT P7 A TRUE COPY OF THE RESOLUTION ALONG WITH COVERING DATED 23.1.2021, SUBMITTED BY THE SECRETARY, THRIKKOOR GRAMA PANCHAYAT BEFORE THE 5TH RESPONDENT

RESPONDENT'S/S EXHIBITS NIL