Kerala High Court
The Panangad Service Co-Operative ... vs Assistant Commissioner Of Police on 21 December, 2023
1
WPC 43256/23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
WP(C) NO. 43256 OF 2023
PETITIONER/S:
THE PANANGAD SERVICE CO-OPERATIVE BANK. LTD. NO. 655
AGED 68 YEARS PANAGAD P.O, ERNAKULAM REPRESENTED
BY ITS PRESIDENT, K.M. DEVADAS, S/O MADHAVAN
KARTHUNATTU HOUSE, PANANGAD P.O, ERNAKULAM, PIN -
682006
BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH
GILROY ROZARIO
RESPONDENT/S:
1 ASSISTANT COMMISSIONER OF POLICE THEVARA (ERNAKULAM
SUB DIVISION), PIN - 682021
2 STATION HOUSE OFFICER PANANGAD POLICE STATION,
PANANGAD P.O, ERNAKULAM, PIN - 682506
3 RETURNING OFFICER TO PANANGAD SERVICE CO-OPERATIVE
BANK LTD.NO.655 PANANGAD P.O, ERNAKULAM ( UNIT
INSPECTOR VYTTILLA, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNAYANNUR,
ERNAKULAM), PIN - 682006
4 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR,
CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
GP SREEJITH V.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 43256/23
JUDGMENT
(Dated this the 21st day of December 2023)
The petitioner is the President of Panangad Service
Co-operative Bank, registered under Kerala Co-operative
Societies Act and Rules. The Election commission issued
notification for the election to managing committee of the
Society, scheduled to be held on 31.12.2023 from 9 to 5
pm.
2. The State Police Chief issued Circular No.28/2013
directing the police to see that the elections to the
managing committees of Co-operative Societies within
their jurisdiction are conducted smoothly without any
disturbance to the law and order. The petitioner filed a
petition to respondent Nos.1 and 2 seeking police
protection for conduct of election.
3. The petitioner also submits that as there are
chances of creating troubles in the election process and in
the polling area, the entire election process has to be video
- graphed. Accordingly, a request was made to the
Returning officer for the same.
4. The Government pleader submits that proper steps
are being taken to deploy sufficient police to see that the
election is being conducted in a peaceful manner.
5. Taking into consideration the submission made by
the learned Government Pleader, the Writ Petition is
disposed of with the following directions:
(i) There will be a direction to the respondent
Nos.1 and 2 to provide effective and meaningful
protection for the peaceful conduct of the election to
be held on 31.12.2023 at Panangad Vocational Higher
Secondary School, till the election process is
completed.
(ii) The petitioner can move the 3rd respondent
with an application for videography, and if such
petition is filed the 3rd respondent shall allow
Videography at the expense of the petitioner under
the strict supervision of the 3rd respondent without
interfering with the secrecy of the voting.
Sd/-
BASANT BALAJI, JUDGE
dl/
APPENDIX OF WP(C) 43256/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF ELECTION NOTIFICATION DATED
17.11.2023 ISSUED BY THE ELECTION COMMISSION
Exhibit P2 A TRUE COPY OF THE CIRCULAR NO.28/2013 DATED
20.11.2013 ISSUED BY THE STATE POLICE CHIEF
Exhibit P3 A TRUE COPY OF THE PETITION DATED 19.12.2023
FILED BEFORE FIRST RESPONDENT
Exhibit P4 A TRUE COPY OF THE PETITION DATED 19.12.2023
FILED BEFORE SECOND RESPONDENT
Exhibit P5 A TRUE COPY OF THE PETITION DATED 19.12.2023
FILED BEFORE RETURNING OFFICER
