Kerala High Court
Tuesday vs For Information Purpose Only on 9 March, 2021
WP(C) 5760/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
Tuesday,the 9th day of March 2021/18th Phalguna, 1942
W.P(C) No.5760/2021 (T)
PETITIONERS
1.
For information purpose only
SHIBU IBRAHIM, AGED 44 YEARS
S/O. LATE IBRAHIM KUTTY, THAYYIL KIZHAKKTHIL HOUSE, PALACKAL,
THEVALAKKARA P.O., KOLLAM DISTRICT
2. BALUMAHENDRA.B.,
S/O. V.BABU, LEKSHMI NILAYAM, VALIYAVEEDU LANE, VNRA 21,
KAMALESHWARAM, MANACAUD P.O., THIRUVANANTHAPURAM
DISTRICT
RESPONDENTS
1. THE ASSISTANT COMMISSIONER OF POLICE,
CANTONMENT POLICE STATION,
THIRUVANANTHAPURAM-695 001.
2. THE RETURNING OFFICER/
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT
SECRETARIAT STAFF, HOUSING COOPERATIVE SOCIETY LTD.
THAMPANOOR WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM-695
014.
3. THE ELECTORAL OFFICER/
GOVERNMENT SECRETARIAT STAFF HOUSING COOPERATIVE SOCIETY
LTD. THAMPANOOR WARD, THYCAUD VILLAGE,
THIRUVANANTHAPURAM-695 014.
4. THE ADMINISTRATIVE COMMITTEE, GOVERNMENT
SECRETARIAT STAFF HOUSING COOPERATIVE SOCIETY LTD.
THAMPANOOR WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM-695
014, REPRESENTED BY THE CONVENOR, SRI. VIJAYA DEV
Writ Petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to
i. Direct the 3rd and 4th respondents to strictly verify the members based on
their name in the Form 6B register and that of the identity cards issued by the
society or any documents including the Permanent employee number issued by
the employer as envisaged in Explanation to Rule 35A (6)(n)(ix) of the KCS Act
before allowing the members of the society inside the election hall;
[P.T.O.]
WP(C) 5760/2021 2/8
For information purpose only
WP(C) 5760/2021 3/8
ii. Direct the 1st respondent to afford sufficient police protection during the
polling of the election to the managing committee of the petitioner Society,
scheduled to be held on 10.03.2021 and to continue the same till the declaration
of the results without the same being obstructed or prevented by respondent 4
and his associates, pending disposal of the writ petition;
For information purpose only
iii. Pass an order appointing an Advocate Commissioner to supervise and report
the orderly conduct of election to the managing committee of the Government
Secretariat Staff Housing Cooperative Society and to videograph the election
from beginning till the end including the counting, pending disposal of the writ
petition;
This petition coming on for admission upon perusing the petition and the
affidavit filed in support of WP(C) and upon hearing the arguments of
Sri.GEORGE POONTHOTTAM (SR.) along with M/s.NISHA GEORGE & VISHNU
B.KURUP, Advocates for the petitioners and the SENIOR GOVERNMENT
PLEADER for the respondents, the court passed the following:
[P.T.O.]
PtK/09.03.21.
1
SUNIL THOMAS, J.
------------------------------------------
W.P.(C)No.5760 of 2021
-------------------------------------------
For information purpose only
Dated this the 9th day of March, 2021
ORDER
Petitioners are the two members of the fourth respondent
"Government Secretariat Staff Housing Co-operative Society Ltd".
Notification was issued for conducting the election on 10.03.2021
vide Ext.P1. It seems that regarding the issue of identity cards
issued to the members, W.P.(C)No.13462 of 2020 was filed by some
members. Against the judgment, Writ Appeal No.93/2021 was filed
and by Ext.P2 order, the Division Bench gave directions regarding
the conduct of election and on the issue regarding the identity
card. The Division Bench directed that in the election, ballot papers
shall be issued to a member of the society, who produces identity
card already issued/fresh identity card issued on surrender of the
already issued identity card, and identity card issued by the
Secretariat to the employees with the PEN card or one of the
documents mentioned in Explanation to Rule 35A (6) (n) (ix) of the
KCS Rules. It was directed that the election shall be conducted on
10.03.2021.
2. The grievance of the petitioners herein is that as per Ext.P1,
the election was proposed to be held at the Secretariat Durbar Hall
as well as the dining hall. However, after the disposal of Writ
For information purpose only
Appeal, it was resolved by the administrative committee to shift the
venue of the election to the Central Statium, Thiruvananthapuram.
The apprehension of the petitioners is that, it is an extensive area
and is easily accessible to the public through gates from different
sides. There is a strong possibility that outsiders may enter with
fake ID cards and interrupt the election. Smooth election cannot be
conducted in the above circumstances. It was alleged that there is
a chance of threat or violence. Hence, effective police assistance is
required. The entire election process should also be Vediographed.
3. It was asserted by the learned senior Government Pleader
that police will take all steps to ensure that the circular issued by
the DGP regarding effective police assistance conducting elections
to the Co-operative Societies will be ensured. This is recorded.
Having heard both sides, I am inclined to direct the following:
1. First respondent shall ensure that sufficient police
assistance is provided as directed in the circular of DGP. In case of
any written complaint by the Returning Officer/Electrol Officer, it
shall be attended to and necessary steps taken. The Returning
Officer/ Electoral Officer shall ensure that all the outer gates except
one, to the Central Stadium shall be closed well in advance, and no
outside person shall be permitted to enter the entire stadium
For information purpose only
complex and ground, from the commencement of election till
results are announced. Voters can be permitted to enter through
that gate to the stadium. It shall be ensured that only those
persons, who have old identity card/new identity card and any of
the cards provided under Rule 35A (6) (n) (ix) of the KCS Rules or
the ID card issued by Secretariat with PEN as directed in the
Division Bench shall be permitted to enter the stadium and the
stadium complex. In other words, it should strictly be ensured that
no person other than a voter who possess the requisite documents
as above shall be permitted entry into the central stadium. This
shall be strictly adhered to.
2. To ensure that the election is conducted smoothly, a
videographer shall be arranged by the fourth respondent, who shall
cover the entire area of stadium, the premise of polling booths,
including the gate and if any undue incident happens, in the
meanwhile, that shall also be covered by the videographer. It is
made clear that though arranging for the videography will be done
by the administrative committee, he shall be completely under the
directions and control of the Returning Officer/Electrol Officer and
he shall not receive any direction from any other person. However,
the videographer shall be strictly instructed not to transgress in the
For information purpose only
secrecy of ballot and he shall not enter inside the polling booth.
3. The expenses for the videography shall be met by the
petitioners herein. In case they fail to pay the billed amount to the
Society, it shall be considered as dues to the Society and their
membership can be considered as in the case of defaulter, in
accordance with bye-law.
4. The first respondent shall intimate the Sectoral Magistrate
to be present at the spot and at definite intervals well before the
polling and till the counting is over to ensure that Covid-19
protocol is strictly followed.
Post on 18.03.2021 for further hearing, if any.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010152912021 8/8
EXHIBIT P1: TRUE COPY OF THE ELECTION NOTIFICATION NO.E (2)
642/2021/S.C.E.C.DATED 04.02.2021 ISSUED BY THE STATE CO -OPERATIVE
ELECTION COMMISSION AND PUBLISHED IN THE MATHRUBHUMI DAILY
DATED 04.02.2021.
EXHIBIT P2: TRUE COPY OF THE INTERIM ORDER DATED 12.02.2021 IN WA
NO.93 OF 2021 PASSED BY THIS HON'BLE COURT.
For information purpose only
