Kerala High Court
N. Premakumaran vs State Of Kerala on 4 May, 2022
WP(C) No.15156/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 4th day of May 2022 / 14th Vaisakha, 1944
WP(C) NO. 15156 OF 2022 (T)
PETITIONER:
N. PREMAKUMARAN, AGED 70 YEARS, S/O. T. O. KRISHNAN, AMBAT BUNGLOW,
AKATHETHARA, PALAKKAD - 678009.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT POLICE CHIEF, OFFICE OF DISTRICT POLICE CHIEF, PALAKKAD
- 678014.
3. THE STATION HOUSE OFFICER, HEMAMBIKA NAGAR POLICE STATION, ATHIRA
NAGAR, PUTHUPPARIYARAM, PALAKKAD - 678009.
4. THE RETURNING OFFICER, AKATHETHARA SERVICE CO-OPERATIVE BANK LTD.
NO.F 1514, AKATHETHARA, PALAKKAD - 678008. (UNIT INSPECTOR
(MALAMPUZHA), OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF CO-
OPERATIVE SOCIETIES, CIVIL STATION, PALAKKAD - 678001).
5. THE ELECTORAL OFFICER, AKATHETHARA SERVICE CO-OPERATIVE BANK LTD.
NO.F 1514, AKATHETHARA, PALAKKAD - 678008. (ASSISTANT REGISTRAR
(GENERAL), PALAKKAD - 678001).
6. AKATHETHARA SERVICE CO-OPERATIVE BANK LTD. NO.F 1514 AKATHETHARA -
678008, PALAKKAD DISTRICT, REP. BY ITS SECRETARY.
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
1) direct respondents 2 and 3 to comply with the directions in
Ext.P2 circular and ensure the conduct of a free, fair and smooth election
to the managing committee of the 6th respondent society, scheduled to be
held on 08.05.2022 as per Ext.P1 notification,
2) direct the 4th respondent to video graph the entire process of
polling, scheduled to be held on 08.05.2022 as per Ext.P1 notification, at
the expense of the petitioner,
3) appoint an independent Observer to oversee the election scheduled
to be held on 08.05.2022 as per Ext.P1 notification, pending disposal of
the Writ Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.K.T.THOMAS, MATHEW BOB KURIAN & NIKHIL BERNY, Advocates for the
petitioner GOVERNMENT PLEADER for R1 to R5, and of SRI.EMMANUAL SANJU,
Advocate Commissioner the court passed the following:
WP(C) No.15156/2022 2/3
GOPINATH P, J.
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W.P.(C) No.15156 of 2022
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Dated this the 4th day of May, 2022
ORDER
Government Pleader takes notice for respondents 1 to 5.
Issue notice by speed post to respondent No.6.
2. Having regard to the action issued in Ext.P5, there will
be an interim order granting interim relief in terms of interim
reliefs 1 and 2 prayed for in the writ petition. Adv.Emmanual
Sanju is appointed as Advocate Commissioner to oversee the
election to be conducted to the 6th respondent Society in terms
of Ext.P1 notification on 08.05.2022.
3. The petitioner shall make arrangements for the travel
of the Advocate Commissioner. The petitioner shall also pay a
sum of Rs.15,000/- to the Advocate Commissioner towards his
batta. The Advocate Commissioner shall file a report before this
Court on or before 20.05.2022.
Sd/-
GOPINATH P
JUDGE
nkr
04-05-2022 /True Copy/ Assistant Registrar
WP(C) No.15156/2022 3/3
APPENDIX OF WP(C) 15156/2022
Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 31.03.2022 ISSUED
BY KERALA STATE CO-OPERATIVE ELECTION COMMISSION.
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.28/2013 ISSUED BY STATE
POLICE CHIEF, KERALA.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 10.07.2019 IN WP(C)
NO.18778/2019.
