Thekkumbhagom Service ... vs The Station House Officer
2021 Latest Caselaw 3354 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.1991 OF 2021(Y)


PETITIONER:

               THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LTD.NO.1731
               REPRESENTED BY ITS SECRETARY, CHAVARA SOUTH P.O.,
               KOLLAM DISTRICT - 691 584.

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

RESPONDENTS:

      1        THE STATION HOUSE OFFICER
               THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT, PIN -
               691 319.

      2        THE DISTRICT POLICE CHIEF
               KOLLAM DISTRICT, PIN - 691 001.

      3        THE ELECTORAL OFFICER
               THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LTD.NO.1731,
               CHAVARA SOUTH P.O., KOLLAM - 691 584, (ASSISTANT
               REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL),
               KARUNAGAPPALLY).

      4        THE RETURNING OFFICER
               THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LTD.NO.1731,
               CHAVARA SOUTH P.O., KOLLAM - 691 584. (THEVALAKKARA
               UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF
               CO-OPERATIVE SOCIETIES (GENERAL), KARUNAGAPPALLY).

      5        THE STATE CO-OPERATIVE ELECTION COMMISSION
               REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN
               - 695 001.


OTHER PRESENT:

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

     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.1991 OF 2021(Y)
                                  2




                             JUDGMENT

Dated this the 29th day of January 2021

The writ petitioner is the Co-operative Bank. The

election to the managing committee of Co-operative Bank

is notified to be held on 31.01.2021, vide Ext.P1

notification. According to the petitioner, there are 6830

members who are eligible to cast vote. The

apprehension of the petitioner is that on the last election

date there were certain altercations among the political

parties. It is apprehended that this year also it may be

repeated. It is prayed that the Police may be directed to

take effective measures to ensure smooth and fair

election. Accordingly, petitioner society had advised the

first respondent by Ext.P2 representation to render Police

assistance.

2. The petitioner relied on Ext.P4 circular issued

by the State Police Chief which directed the Police to

ensure that the direction of this Court in WP No.24603 of WP(C).No.1991 OF 2021(Y)

2013 shall be scrupulously followed.

3. It was submitted by the learned Senior

Government Pleader that the Returning Officer has also

written to the first respondent to ensure sufficient Police

Protection.

4. Having regard to this, there will be a direction

to respondents 1 and 2 to ensure that Ext.P4 is

scrupulously complied with and the election takes place

in a peaceful atmosphere and effective action shall be

taken in case of any request from the Returning Officer.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/29-1 WP(C).No.1991 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ELECTION NOTIFICATION NO.OI/902/2020/E(1)S.C.E.C. DATED 16/12/2020.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 23/01/2021.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 24/01/2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE CIRCULAR NO.28/2013 DATED 20/11/2013 ISSUED BY THE STATE POLICE CHIEF.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 07/08/2019 IN WP(C) NO.21601 OF 2019.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 07/01/202O IN WP(C)NO.17 OF 2020.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE