Kerala High Court
Tomy Joseph vs Kerala State Co-Operative ... on 23 August, 2023
WP(C) NO. 28101 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 28101 OF 2023
PETITIONER/S:
1 TOMY JOSEPHAGED 59 YEARSS/O. P.I. JOSEPH
PANTHALANICKAL HOUSE, KOOVAPPALLY P.O., KOTTAYAM,
PIN - 686518
2 C.J. JOSEPHAGED 71 YEARSS/O. JOSEPH, CHACKALACKAL
HOUSE, KOOVAPPALLY P.O., KOTTAYAM,, PIN - 686518
BY ADVS.LIJI.J.VADAKEDOMTOM E. JACOBREXY ELIZABETH
THOMASATHUL V. VADAKKEDOM
RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARYOFFICE OF THE KERALA CO-
OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM,
PIN - 695001
2 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES-KANJIRAPPALLY(ELECTORAL OFFICER FOR THE
ELECTION TO KOOVAPPALLY SERVICE CO-OPERATIVE BANK
LTD., NO. 3949), OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL), KANJIRAPPALLY, PIN - 686507
3 UNIT INSPECTOR-MUNDAKAYAM UNIT(RETURNING OFFICER FOR
KOOVAPPALLY SERVICE CO-OPERATIVE BANK LTD., NO.
3949), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES -KANJIRAPPALLY, PIN -
686507
4 CIRCLE INSPECTOR OF POLICE-
KANJIRAPPALLY,KANJIRAPPALLY POLICE STATION,
KANJIRAPPALLY, KOTTAYAM, PIN - 686507
5 SUB INSPECTOR OF POLICE-KANJIRAPPALLY,KANJIRAPPALLY
POLICE STATION, KOTTAYAM, PIN - 686507
6 KOOVAPPALLY SERVICE CO-OPERATIVE BANK REPRESENTED BY
WP(C) NO. 28101 OF 2023 2
ITS SECRETARYOFFICE OF THE KOOVAPPALLY SERVICE CO-
OPERATIVE BANK LTD., NO. 3949, KOTTAYAM DISTRICT,
PIN - 686518
BY ADVS.Shaji ThomasMOHAN PULIKKAL(K/64A/1985)JEN
JAISON(K/000208/2017)
OTHER PRESENT:
SRI. B.S.SYAMANTAK, GP, SRI.C.M.NAZAR FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28101 OF 2023 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 28101 of 2023
--------------------------------------
Dated this the 23rd day of August, 2023
JUDGMENT
The above writ petition is filed with following prayers :
(a) "Issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents 4 and 5 to provide
sufficient Police protection for the conducting of election to the
6 respondent Co-operative Bank scheduled to be conducted on
3.9.2023 in accordance with Exhibit Pl notification.
(b) Issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents 1 to 3 to make
necessary arrangements for videography of the entire election
proceedings during election to the 6th respondent Co-operative
Bank scheduled to be conducted on 3.9.2023 in accordance with
Exhibit Pl notification.
(c) Issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondent No.3 to compare the
Identity Cards disputed during the election (notified as per
Exhibit PI notification) with Form 6B Register and further to
strictly follow Clause 8 of Exhibit P1 Election Notification.
(d) To dispense with the filing of English translation of
vernacular documents produced along with the Writ Petition.
(e) Grant such other reliefs which this Honourable Court may
deem fit and proper in the interest of justice." [SIC]
2. The petitioners filed this writ petition for seeking
police protection for the election to be conducted in the 6 th
respondent - Co-operative Society on 03.09.2023 in accordance
with Ext.P1 election notification. The petitioners also want to
videograph the entire election process and the petitioners are
ready to bear the expenses.
3. Heard the learned counsel for the petitioners, learned
Standing Counsel appearing for the 1st respondent, learned
Government Pleader and the learned counsel appearing for the
6th respondent.
4. After hearing both sides, I think the prayer in this
writ petition can be allowed.
Therefore, this writ petition is allowed in the following
manner :
1) The respondent Nos. 4 and 5 are directed to provide
sufficient police protection for conducting the election to
the 6th respondent - Co-operative Bank scheduled to be
conducted on 03.09.2023 in accordance with Ext.P1
notification.
2) The 3rd respondent will also make necessary arrangements
for videography of the entire election process at the
expense of the petitioners.
3) The 3rd respondent will inform the amount to be deposited
by the petitioners for videography and the same will be
paid by the petitioners to the 3rd respondent.
4) The petitioners will produce a certified copy of this
judgment along with a copy of this writ petition before the
respondent Nos. 3 to 5 for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 28101/2023
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE ELECTION NOTIFICATION
DATED 15.7.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P2 THE COPY OF THE LETTER DATED 27.6.2023
SUBMITTED BY ONE ABRAHAM K. MATHEW (MEMBER
OF THE 6TH RESPONDENT-BANK) BEFORE THE
JOINT REGISTRAR
Exhibit P3 THE COPY OF THE COMMUNICATION DATED
7.8.2023 SUBMITTED BY ONE ABRAHAM K.
MATHEW BEFORE THE 2ND RESPONDENT
Exhibit P3(a) THE COPY OF THE REPRESENTATION DATED
5/7/2023 SUBMITTED BY THE 1ST AND TWO
OTHERS BEFORE THE JOINT REGISTRAR
Exhibit P4 A COPY OF THE COMMUNICATION DATED
15.7.2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P5 THE COPY OF THE REPRESENTATION DATED
18.8.2023 SUBMITTED BY THE CONVENOR OF CO-
OPERATIVE DEMOCRATIC FRONT BEFORE THE 3RD
RESPONDENT
Exhibit P6 THE COPY OF THE REPRESENTATION DATED
18.8.2023 SUBMITTED BY THE CONVENOR OF CO-
OPERATIVE DEMOCRATIC FRONT BEFORE THE 4TH
RESPONDENT-CIRCLE INSPECTOR POLICE
