Tomy Francis vs Choondacherry Service ...
2023 Latest Caselaw 6100 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                        WP(C) NO. 18756 OF 2023
PETITIONER/S:

            TOMY FRANCIS, AGED 53 YEARS
            S/O. FRANCIS, PORIYATH HOUSE, P.O. CHOONDACHERRY, PALA,
            KOTTAYAM DISTRICT-, PIN - 686579
            BY ADV P.V.BABY


RESPONDENT/S:

    1       CHOONDACHERRY SERVICE CO-OPERATIVE BANK LTD. NO. K-167
            REPRESENTED BY ITS SECRETARY, CHOONDACHERRY P.O,
            KOTTAYAM DISTRICT, PIN - 686579
    2       RETURNING OFFICER
            UNIT INSPECTOR, UZHAVOOR UNIT INSPECTOR, OFFICE OF THE
            ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
            MEENACHIL , PALA, PIN - 686575
    3       STATION HOUSE OFFICER
            PALA POLICE STATION, KOTTAYAM DISTRICT, PIN - 686575


            SRI. C M NAZAR (SC)
            SMT. RESHMI THOMAS, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18756 OF 2023           2



                                 JUDGMENT

Petitioner has approached this Court, seeking a direction

to the 3rd respondent to ensure that the elections to the 1 st

respondent Society, which is scheduled to be held on

18.06.2023, is conducted without any law and order issues.

2. Learned Standing Counsel appearing for the 2 nd

respondent would submit that, already Ext.P4 Circular has been

issued by the State Police Chief, directing that the police

should ensure that the elections to the Managing Committee to

the Co-operative Societies within their jurisdiction, are

conducted smoothly and without any disturbances to law and

order. It is submitted that there is no objection in a direction

being issued to the 3rd respondent to ensure compliance with

Ext.P4 Circular.

3. Learned counsel appearing for the petitioner would

submit that the process of election may also be videographed at

the expense of the petitioner and under the supervision of the

Returning Officer.

4. Heard the learned Government Pleader also.

5. Having regard to the limited nature of relief sought

for by the petitioner, the writ petition will stand disposed of,

directing the 3rd respondent to ensure compliance of Ext.P4

circular issued by the State Police Chief in the matter of polling

and counting to the elections to the managing committee of the

1st respondent society scheduled to be held on 18.06.2023. The

petitioner is also permitted to arrange for videographing of the

process of election, at his cost. However, the videographing

shall be conducted under the supervision of the 2 nd respondent-

Returning Officer and shall be conducted in a manner that does

not affect secrecy of ballot and also in a manner that does not

affect the election process.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 18756/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF THE ELECTION NOTIFICATION DATED 27/4/2023 ISSUED BY THE STATE CO- OPERATIVE ELECTION COMMISSION Exhibit P2 TRUE PHOTO COPY OF THE REPRESENTATION DATED 5/6/2023 SUBMITTED BEFORE THE 3RD RESPONDENTS BY THE PETITIONER Exhibit P3 TRUE PHOTO COPY OF THE RECEIPT DATED 5/6/2023 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT Exhibit P4 TRUE PHOTO COPY OF THE CIRCULAR NO. 28/2013 DATED 20/11/2013 ISSUED BY THE STATE POLICE CHIEF