Shaji Mohan vs The Returning Officer
2023 Latest Caselaw 8387 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945
                          WP(C) NO. 15575 OF 2023
PETITIONERS:

     1      SHAJI MOHAN
            AGED 68 YEARS, S/O. KRISHNANKUTTY PANICKER,
            RESIDING AT SIVAKRIPA, VELORVATTAM, CHERTHALA P.O.,
            ALAPPUZHA DISTRICT, PIN - 688 524.

     2      PHILSON MATHEWS
            AGED 57 YEARS, S/O. PHILIP,
            PUTHENPURAYIL HOUSE, AMAYANNOOR P.O.,
            KOTTAYAM DISTRICT, PIN - 686 019.

            BY ADVS.
                       NISHA GEORGE
                       GEORGE POONTHOTTAM (SR.)
                       REGINALD VALSALAN



RESPONDENTS:

     1      THE RETURNING OFFICER/
            ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (E.B.
            SECTION), OFFICE OF THE REGISTRAR OF CO-OPERATIVE
            SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
            THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695 014.

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

            BY ADVS
                       P.P.THAJUDHEEN (SPL.GP)
                       C.M.NAZAR (SC FOR SCEC)




     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.15575/2023                     2




                              JUDGMENT

The petitioners, who are stated to be candidates in the

elections to the Board of Directors of the Kerala State Co-

operative Agricultural and Rural Development Bank Ltd., have

approached this Court seeking the following reliefs:

i. Issue a writ of Mandamus or any other appropriate writ order or direction, directing Respondents 1 & 2 to make arrangements to conduct the election to the Board of Directors of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. No. T- 4017, scheduled to be held on 15.05.2023 in a fair manner and to ensure that election is conducted in accordance with the Kerala Co-operative Societies Act & Rules;

ii. To appoint two Advocate Commissioners to oversee/observe the election to the Board of Directors of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. No. T-4017 on 15.05.2023, and to give a report to this Court regarding the steps taken;

iii. Issue a Writ of Mandamus or any other appropriate writ order or direction, directing Respondents to make arrangements to videograph the entire polling process on 15.05.2023, till the declaration of results, in the premises where the election is conducted including the entry point of the venue and also at the polling station;

iv. Dispense with the filing of English translation of vernacular documents;

v. To grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of this case".

This Court, on 12-05-2023, passed the following interim order:

"Admit.

2. Standing Counsel takes notice for the respondents.

3. Having heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the State Co-operative Election Commission, Sri.K.C.Vincent and Smt.Parvathi Menon, advocates of this Court, are appointed as Advocate Commissioners to oversee the election to be conducted to the Board of Directors of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. on 15.05.2023. I make it clear that the Advocate Commissioners need only oversee the election process and shall not interfere with the process of election. They shall file a report on the result of their observations. The petitioners shall arrange travel facilities to and from the polling station for the Advocate Commissioners on the date of election. The petitioners shall pay a sum of Rs.50,000/- each as batta to the Advocate Commissioners. The respondents are directed to make necessary arrangements to videograph the entire polling process scheduled to be held on 15.05.2023, till the declaration of results, in the premises where the election is conducted, at the expense of the petitioners."

The elections to the Board of Directors of the Kerala State

Co-operative Agricultural and Rural Development Bank Ltd.

have been held in the presence of the Advocate Commissioners

on 15-05-2023.

2. The learned Senior Counsel appearing for the

petitioners would submit that in view of the issues relating to

the eligibility of certain delegates of the primary Societies to

cast their votes/file nominations for elections to the Board of

Directors of the Kerala State Co-operative Agricultural and

Rural Development Bank Ltd., certain interim orders were

issued by this Court in various writ petitions including in

W.P(C)Nos.15113, 15147 and 15058 of 2023 and all those writ

petitions except W.P.(C)No.15227/2023 have been disposed of.

In W.P.(C)No.15227/2023, which is also listed for

consideration today, the primary question is whether the

petitioner-Society in that writ petition is entitled to affiliation

with the Apex Bank (Kerala State Co-operative Agricultural

and Rural Development Bank Ltd.). Therefore, unless this

Court where to find that the petitioner-Society in that case is

entitled to be affiliated, the question of that Society, which is a

petitioner in that case, exercising its franchise through a

delegate does not arise for consideration. Since the

consideration of the question arising in W.P(C)No.15227/2023

is different from the other cases, which have been already

been disposed of by this Court, the fact that

W.P.(C)No.15227/2023 is pending (where there is an interim

order that the vote cast by the delegate of that Society shall

also be kept in a separate box) need not delay the declaration

of results in the elections held to the Board of Directors of the

Kerala State Co-operative Agricultural and Rural Development

Bank Ltd.

3. In the light of the fact that the elections were held

under the supervision of the Advocate Commissioners

appointed by this Court through the aforesaid order dated

12-05-2023 in the above writ petition and certain votes have

been kept in a separate boxes under the seal and sign of the

Advocate Commissioners, I am of the opinion that the counting

of votes and the declaration of results must also be in the

presence of the Advocate Commissioners appointed by this

Court.

4. Though the learned Standing Counsel appearing for

the State Co-operative Election Commission states that such a

direction need not be issued in the facts and circumstances of

this case and also states that even the prayers made in the

writ petition do not contemplate the same, I am of the view

that since certain votes have been kept in separate boxes

under the seal and sign of the Advocate Commissioners, it

would be appropriate that the counting of the votes also takes

place in the presence of the Advocate Commissioners.

5. Therefore, this writ petition will stand disposed of

directing that the counting of votes in the elections held to the

Board of Directors of the Kerala State Co-operative

Agricultural and Rural Development Bank Ltd. shall be held on

14-08-2023 in the presence of the Advocate Commissioners

appointed by this Court through order dated 12-05-2023 and

the results shall also be declared on the same day. Each of the

Advocate Commissioners shall be paid further sum of

Rs.50,000/- each as batta.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 15575/2023

PETITIONERS' EXHIBITS

Exhibit-P1 TRUE COPY OF THE ELECTION NOTIFICATION BEARING NO. E(2) 1620/2023/S.C.E.C DATED 03.04.2023 ISSUED BY THE KERALA STATE CO- OPERATIVE ELECTION COMMISSION

Exhibit-P2 TRUE COPY OF THE JUDGMENT DATED 15.02.2023 PASSED BY THIS COURT IN WP(C) NO. 2962 OF

Exhibit-P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.05.2023 WITH ACKNOWLEDGEMENT

Exhibit-P4 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.

15058 OF 2023 DATED 05.05.2023 PASSED BY THIS HON'BLE COURT

Exhibit-P5 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.

15147 OF 2023 DATED 05.05.2023 PASSED BY THIS HON'BLE COURT

Exhibit-P6 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.

15113 OF 2023 DATED 05.05.2023 PASSED BY THIS HON'BLE COURT

Exhibit-P7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.

15227 OF 2023 DATED 05.05.2023 PASSED BY THIS HON'BLE COURT

Exhibit-P8 TRUE COPY OF THE INTERIM ORDER DATED 22.03.2023 PASSED BY THIS COURT IN W.P.(C) NO. 10049 OF 2023

Exhibit-P9 TRUE COPY OF THE INTERIM ORDER DATED 24.02.2023 PASSED BY THIS COURT IN W.P.(C) NO. 6565 OF 2023