Thankey Service Co-Operative ... vs The Station House Officer
2022 Latest Caselaw 4776 Ker

W.P.C.No.14476/2022                 1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                      WP(C) NO. 14476 OF 2022
PETITIONER:

           THANKEY SERVICE CO-OPERATIVE BANK LTD. NO. 1003,
           REPRESENTED BY ITS SECRETARY, KADAKKARAPPALLY.P.O,
           CHERTHALA, ALAPPUZHA DISTRICT-PIN-688 529.

           BY ADVS.
           T.R.HARIKUMAR
           ARJUN RAGHAVAN



RESPONDENTS:

     1      THE STATION HOUSE OFFICER,
            PATTANAKKAD POLICE STATION,
            ALAPPUZHA DISTRICT, PIN-688 525.

     2      THE DEPUTY SUPERINTENDENT OF POLICE,
            CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 529.

     3      THE DISTRICT POLICE CHIEF,
            ALAPPUZHA DISTRICT, PIN-688 001.

     4      THE ELECTORAL OFFICER,
            THANKEY SERVICE CO-OPERATIVE BANK LTD. NO.1003,
            KADAKKARAPPALLY.P.O, CHERTHALA-688 529, (ASSISTANT
            REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            CHERTHALA).

     5      THE RETURNING OFFICER,
            THANKEY SERVICE CO-OPERATIVE BANK LTD. NO.1003,
            KADAKKARAPPALLY.P.O, CHERTHALA-688 529,
 W.P.C.No.14476/2022                       2

            (UNIT INSPECTOR, PATTANAKAD UNIT, OFFICE OF THE
            ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), CHERTHALA).

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


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.04.2022,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C.No.14476/2022                  3

                            JUDGMENT

The petitioner herein is a Primary Agricultural Credit

Society. The election to the 11 member committee is proposed

to be held on 05.05.2022. The petitioner contends that it is a

hotly contested election and there is a possibility of some

untoward incident in the course of the election. Hence this Writ

Petition is filed. Though several reliefs are sought for, I am

inclined to permit the request for a direction to enforce Ext.P6

circular, issued by the State Police Chief. Accordingly, there will

be a direction to the first respondent to ensure that the

directions contained in Ext.P6 are strictly enforced, to ensure

that no law and order situation in connection with the election

arises, and the elections are conducted smoothly.

2. Further, there will be a direction that to ensure the

smooth conduct of voting in election, the entire process of

election is videographed, at the expense of the petitioner herein.

However, the videography shall be directly under the control and

the directions of the 5th respondent-returning officer. The

videographer shall cover the process of election, the election

booths and also the premises, strictly ensuring that the

confidentiality of the election and the secrecy of voting is not

affected.

Writ Petition is disposed of.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/27.4.22

APPENDIX OF WP(C) 14476/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ELECTION NOTIFICATION NO.01/227/2022/E(1)S.C.E.C DATED 26-03- 2022.

Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 13-04-2022.

Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 12-04-2022.

Exhibit P4 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 13-04-2022.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 13-04-2022.

Exhibit P6 A TRUE COPY OF THE CIRCULAR NO.28/2013 DATED 20-11-2013 ISSUED BY THE STATE POLICE CHIEF.

Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 05-

022021 IN WP(C) NO.2553 OF 2021 OF THIS HON'BLE COURT.