The Managing Committee Of Vaikom ... vs Superintendent Of Police
2021 Latest Caselaw 406 Ker

W.P.(C) No.226/2021                 .2.


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                       WP(C).No.226 OF 2021(C)

PETITIONERS:

       1       THE MANAGING COMMITTEE OF VAIKOM TALUK
               CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
               BANK LTD NO.951, REPRESENTED BY ITS PRESIDENT,
               VAIKOM, KOTTAYAM DISTRICT-696 141

       2       VAIKOM TALUK CO-OPERATAIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.951,
               REPRESENTED BY ITS SECRETARY, VAIKOM, KOTTAYAM
               DISTRICT-696 141


               BY ADV. SRI.P.N.MOHANAN

RESPONDENTS:

       1       SUPERINTENDENT OF POLICE,
               KOTTAYAM-686 001

       2       DEPUTY SUPERINTENDENT OF POLICE,
               VAIKOM, KOTTAYAM DISTRICT-696 141

       3       CIRCLE INSPECTOR OF POLICE,
               VAIKOM, KOTTAYAM DISTRICT-696 141.

                 4. RETURNING OFFICER TO VAIKOM TALUK
                     CO-OPERATIVE AGRICULTURAL & RURAL
                     DEELOPMENT BANK LTD.,
                     VAIKOM UNIT INSPECTOR, ASSISTANT REGISTRAR
                     GENERAL OFFICE, VAIKOM,KOTTAYAM DISTRICT -
                     696141.

       5       ELECTROAL OFFICER TO VAIKOM TALUK
               CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
               BANK LTD, ASSISTANT REGISTRAR OF CO-OPERATIVE
               SOCIETIES (GENERAL)VAIKOM, KOTTAYAM DISTRICT 696141

OTHER PRESENT:

               SR.GP BIMAL.K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.226/2021                       .2.




                                   JUDGMENT

Dated this the 6th day of January 2021

Petitioners herein, who represent the Co-operative

Bank,apprehend interference in the election to the managing committee

proposed to be held on 10/1/2021. They further apprehend that, since the

operational area of the Bank is a politically sensitive area, law and order

situation may arise. There is an additional prayer that the Returning

Officer may be directed to get the entire proceedings videographed to

avoid manipulation in the election process. Learned counsel for the

petitioners relied on Ext.P5 judgment in which identical issue was

considered.

2. After hearing the learned senior Government Pleader and also

the learned counsel for the petitioner, I feel that reliefs can be granted,

subject to modification.

3. Accordingly, there will be a direction to respondents 1 to 3 to

ensure that Ext.P2 circular is scrupulously enforced as and when

situation arises. There will also be a further direction that, process of

election, the school where election is conducted, the premises and the

voters shall be videographed under the direction of the 4 th respondent

and at the expense of the society. It is made clear that, this should be W.P.(C) No.226/2021 .2.

done ensuring solemnity and secrecy of the election process.

The writ petition is disposed of as above.

SD/-

SUNIL THOMAS

JUDGE

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