Rajakumari Service Co-Operative ... vs The Deputy Superintendent Of ...
2022 Latest Caselaw 419 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         WP(C) NO. 945 OF 2022
PETITIONER:

          RAJAKUMARI SERVICE CO-OPERATIVE BANK LTD.NO. K274,
          REPRESENTED BY ITS PRESIDENT, RAJAKUMARI SOUTH P.O,
          IDUKKI DISTRICT, PIN - 685619.

          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          KARTHIKA MARIA
          ANIL SEBASTIAN PULICKEL
          ABI BENNY AREECKAL
          LEAH RACHEL NINAN
          MATHEW NEVIN THOMAS



RESPONDENTS:

    1     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE , MUNNAR,
          SH 17, MOOLAKKADAYI, KANNANDEVAN HILLS, MUNNAR, KERALA
          - 685612.

    2     THE STATION HOUSE OFFICER
          RAJAKKAD POLICE STATION, RAJAKKAD, IDUKKI, PIN -
          685566.

          BY T. SHAJAHAN, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.945 OF 2022


                                          2




                                   JUDGMENT

Dated this the 13th day of January, 2022

This writ petition is filed seeking directions to

respondents 1 and 2 to afford sufficient police protection for the

conduct of election to the Managing Committee of the petitioner

Society, which is scheduled to be held on 23.01.2022.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The learned counsel for the petitioner submits that

there is apprehension of impersonation and law and order issues

during the conduct of the election. It is in the above

circumstances that the petitioner filed an application before the

respondents seeking police protection for the conduct of

election.

Taking note of the judgments earlier rendered by this

Court in similar circumstances, I am of the opinion that the

prayer sought for by the petitioner is liable to be allowed on the

specific condition that the persons who have approached this

Court, ie. the members of the present Managing Committee W.P.(C)No.945 OF 2022

shall bear the expenses incurred in that regard.

The respondents shall take necessary steps to ensure the

services of sufficient police personnel during the time of the

polling. In case, the present directors make a specific request

and pay the necessary expenditure personally rather than from

the coffers of the Society, the proceedings shall also be video

recorded. The expenses for the protection shall also be met by

the present members of the Managing Committee without

mulcting the Society with any liability.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/13/01 W.P.(C)No.945 OF 2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 16.12.2021 ISSUED BY THE STATE CO-OPERATIVE ELECTION COMMISSIONER.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION (C) NO.2717/2017 DATED 31ST JANUARY, 2017.

RESPONDENTS' EXHIBITS:      NIL


 SSK                        //TRUE COPY//         PA TO JUDGE