Kerala High Court
Binod G. Pillai vs Kerala State Co-Operative ... on 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 19043 OF 2023
PETITIONER
BINOD G. PILLAI
AGED 47 YEARS
S/O. GOPINATHA PILLAI, CHATTUVAKKULATHU HOUSE,
VELLAVOOR, KADAYANICKADU P.O., KOTTAYAM, PIN - 686541
BY ADVS.
LIJI.J.VADAKEDOM
TOM E. JACOB
REXY ELIZABETH THOMAS
ATHUL V. VADAKKEDOM
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY
OFFICE OF THE KERALA CO-OPERATIVE ELECTION COMMISSION,
THIRUVANNTHAPURAM, PIN - 695001
2 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES-CHANGANACHERRY,
(ELECTORAL OFFICER FOR THE ELECTION TO VELLAVOOR
CENTRAL CO-OPERATIVE BANK LTD., NO. 3435), OFFICE OF
THE ASSISTANT REGISTRAR (GENERAL), CHANGANACHERRY,
PIN - 686101
3 UNIT INSPECTOR-VAZHOOR UNIT,
(RETURNING OFFICER FOR VELLAVOOR CENTRAL SERVICE CO-
OPERATIVE BANK LTD., NO. 3435), OFFICE OF THE ASSISTANT
REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES -
CHANGANACHERRY, CHANGANACHERRY P.O,, PIN - 686101
4 CIRCLE INSPECTOR OF POLICE-MANIMALA,
MANIMALA POLICE STATION, MANIMALA, KOTTAYAM, PIN -
686543
5 SUB INSPECTOR OF POLICE-MANIMALA,
MANIMALA POLICE STATION, MANIMALA, KOTTAYAM,
PIN - 686543
6 VELLAVOOR CENTRAL SERVICE CO-OPERATIVE BANK REPRESENTED
BY ITS SECRETARY,
OFFICE OF THE VELLAVOOR CENTRAL SERVICE CO-OPERATIVE
BANK LTD., NO. 3435, THAZHATHUVADAKARA P.O., VELLAVOOR,
KOTTAYAM-, PIN - 686541
BY ADV C.M.NAZAR
SMT.AMMINIKUTTY- SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.19043 OF 2023
2
JUDGMENT
Dated this the 13th day of June, 2023
The writ petition has been filed by the petitioner, who is a
Candidate in the election to the Managing Committee of the 6 th
respondent-Vellavoor Central Service Co-operative Bank,
scheduled to be held on 16.06.2023.
2. The petitioner states that election to the 6 th
respondent-Bank is conducted on political lines and going by
the experience in the previous elections, there is likelihood of
law and order problems during the election time. Unless
respondents 4 and 5 extend sufficient police protection for
peaceful conduct of the election, the petitioner and other
members of the Bank will be put to untold hardship. It is highly
necessary for peaceful and democratic process of election that
respondents 4 and 5 extend sufficient protection.
3. The petitioner further submitted that unless the
entire election process is vediographed and recorded, there is
WP(C) NO.19043 OF 2023
a likelihood of manipulations in the election proceedings.
Therefore, the 3rd respondent-Returning Officer should be
directed to videograph the election. The petitioner further
submitted that the respondents are bound to conduct election
strictly in accordance with Ext.P1 Election Notification. Clause
8 of Ext.P1 mandates that members should be permitted to
vote only on production of specified identity documents.
4. Standing Counsel entered appearance on behalf of
respondents 1 to 3. On behalf of respondents 1 to 3, it is
submitted that respondents 2 and 3 have taken all steps for
peaceful conduct of the election to the Managing Committee of
the Bank.
5. Government Pleader entered appearance on behalf
of respondents 4 and 5. It is submitted that the issue being
election to the Managing Committee of a Co-operative Bank,
the authorities in the normal course will be deploying sufficient
number of police personnel. If there is any law and order
issue, the police will be interfering in the matter promptly.
WP(C) NO.19043 OF 2023
6. I have heard the learned counsel for the petitioner,
the learned Standing Counsel representing respondents 1 to 3
and the learned Government Pleader representing
respondents 4 and 5. Notice to the 6 th respondent is dispensed
with, in view of the nature of the relief to be granted in the writ
petition.
7. The concern of the petitioner, who is a Candidate in
the election to be held to the Managing Committee of the 6 th
respondent-Co-operative Bank, is that the due and peaceful
election process is likely to be scuttled by political rivals.
According to the petitioner, going by the previous incidents,
there is a likelihood of law and order problem and
manipulation in the election.
8. Taking into consideration the facts of the case and
the concern expressed by the petitioner, the writ petition is
disposed of with the following directions:-
(1) Respondents 4 and 5 shall extend sufficient number
of police personnel for smooth and peaceful conduct of the
WP(C) NO.19043 OF 2023
election to the Managing Committee of the 6 th respondent-Co-
operative Bank scheduled to be held on 16.06.2023 and the
police protection shall continue during the time of counting of
ballots also.
(2) If the petitioner offers to make payment for
expenses, the 3rd respondent shall arrange to vediograph the
entire election process.
(3) Needless to say, respondents 2 and 3 will ensure
that the election is conducted strictly in terms of Ext.P1
Notification.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.19043 OF 2023
APPENDIX OF WP(C) 19043/2023
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE ELECTION NOTIFICATION
DATED 12.5.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P2 THE RELEVANT EXTRACT AND THE LAST PAGE
OF THE VOTERS LIST OF THE 6TH
RESPONDENT BANK APPROVED ON 27.4.2018
Exhibit P3 THE RELEVANT EXTRACT AND THE LAST PAGE
OF THE VOTERS LIST OF THE 6TH
RESPONDENT BANK APPROVED FOR THE YEAR
Exhibit P4 THE COPY OF THE REPRESENTATION DATED
8.6.2023 SUBMITTED BY THE ELECTION
COMMITTEE CONVENOR OF UDF BEFORE THE
4TH RESPONDENT
Exhibit P5 THE COPY OF THE RECEIPT DATED 8.6.2023
ISSUED FROM MANIMALA POLICE STATION
Exhibit P6 THE COPY OF THE REPRESENTATION DATED
9.6.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
RESPONDENT'S EXHIBITS : NIL
