Thalappalam Service Co-Operative Bank ... vs Superintendent Of Police
2023 Latest Caselaw 12860 Ker

Kerala High Court

Thalappalam Service Co-Operative Bank ... vs Superintendent Of Police on 8 December, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

  FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945

                       W.P.(C) NO.41212 OF 2023

PETITIONER:


          THALAPPALAM SERVICE CO-OPERATIVE BANK LTD. NO.3937,
          PLASSANAL P.O, KOTTAYAM DISTRICT, REPRESENTED BY ITS
          SECRETARY ANILKUMAR P.P, PIN - 686 579.

          BY ADV P.V.BABY


RESPONDENTS:


    1     SUPERINTENDENT OF POLICE,
          OFFICE OF THE SUPERINTENDENT OF POLICE,
          KOTTAYAM-686 001
    2     CIRCLE INSPECTOR OF POLICE,
          OFFICE OF THE CIRCLE INSPECTOR OF POLICE,
          ERATTUPETTA, KOTTAYAM DISTRICT, PIN - 686 121
    3     STATE CO-OPERATIVE ELECTION COMMISSION,
          CO-BANK TOWERS, THIRUVANANTHAPURAM, PIN - 695 033,
          REPRESENTED BY ITS SECRETARY.
    4     RETURNING OFFICER,
          THALAPPALAM SERVICE CO-OPERATIVE BANK LTD. NO.3937,
          KIDANGOOR UNIT INSPECTOR, OFFICE OF THE ASSISTANT
          REGISTRAR (G) OFFICE, MEENACHIL, PALA,
          KOTTAYAM DISTRICT, PIN - 686 575.

          GOVERNMENT PLEADER, SRI.SREEJITH V.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2
WPC.41212 of 2023




                                                   JUDGMENT

(Dated: 11th December, 2023)

The petitioner is a Co-operative bank represented by its secretary.

The election to the Board of Management was scheduled to take place

on 07.12.2023, but the same was rescheduled to 16.12.2023 from 8.00

a.m to 5.00 p.m at Plasanal St.Mary's Church Parish Hall on the basis of

the judgment dated 17.11.2023 in Writ Appeal No.1982 of 2023. Ext.P1

is the notification issued by the Election Commission.

2. The petitioner has approached this court seeking police

protection for the smooth conduct of polling and counting scheduled to

take place on 16.12.2023 to the Managing Committee of the

Thalappalam Service Co-operative Bank Ltd. Exts.P2 and P3 are the

representations submitted by the petitioner before respondents 1 and

2, but they have not taken any action on the same, therefore, the

petitioner approached this court with the following prayers.

i) issue a writ of mandamus or other appropriate writ, order or direction directing the 1 and 2 respondents to afford adequate

WPC.41212 of 2023

and sufficient police protection for the smooth conduct of the polling and counting scheduled to take place on 16/12/2023 from 8.00 am to 5.00 pm at St Mary's church, Parish Hall, Plasanal from 8.00 am to 5.00 pm on 16/12/2023 to elect managing committee of the Thalappalam Service Co-operative Bank Ltd. No. 3937; and

ii) To permit to record the proceedings in video of the poling and counting scheduled on 16/12/2023 from 8.00 am to 5.00 pm at St. Mary's church Parish Hall, Plasanal to elect the managing committee of the petitioner Society and;

iii) To dispense with the English translation of vernacular documents, and.

iv) Issue such other appropriate writ, order or direction which may deem fit and appropriate in the facts and circumstances of the case and allow the writ petition with cost.

3. Learned Government Pleader on instructions submits that

sufficient police will be deployed for the smooth conduct of the election to

be scheduled on 16.12.2023 to the Managing Committee of the

Thalappalam Service Co-operative Bank Ltd.

Accordingly, the writ petition is disposed of directing respondents 1

and 2 to deploy sufficient police force for the smooth conduct of the polling

and counting to the Managing Committee of the Thalappalam Service Co-

operative Bank Ltd., No.3937. As far as the video graphing of the polling

and counting is concerned, the petitioner shall file a petition before the

returning officer who shall allow the video graphing of the polling and

WPC.41212 of 2023

counting without hindering the secrecy of the polling at the expense of the

petitioner.

The writ petition is allowed.

Sd/-

BASANT BALAJI, JUDGE ss

WPC.41212 of 2023

APPENDIX OF WP(C) 41212/2023

PETITIONER EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE AMENDED ELECTION NOTIFICATION DATED 20/11/2023 ISSUED BY THE STATE CO-OPERATIVE ELECTION COMMISSION Exhibit P2 TRUE PHOTO COPY OF THE REPRESENTATION DATED 2/12/2023 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER Exhibit P3 TRUE PHOTO COPY OF THE REPRESENTATION DATED 2/12/2023 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER Exhibit P4 TRUE PHOTO COPY OF THE CIRCULAR NO.28/2013 DATED 20/11/2013 ISSUED BY THE STATE POLICE CHIEF