Kamalaksha.P vs The Returning Officer/Office ...
2023 Latest Caselaw 2983 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

                               WP(C) NO. 8573 OF 2023

PETITIONER:

               KAMALAKSHA.P.
               AGED 53 YEARS
               RATHNA NIVAS, NEAR DEVI TEMPLE, NITTADUKKAM, KANHANGAD, KASARAGOD
               DISTRICT, PIN - 671315
               BY ADVS.
               B.S.SWATHI KUMAR
               ANITHA RAVINDRAN
               HARISANKAR N UNNI
               SAMYUKTHA NAIR


RESPONDENTS:

     1         THE RETURNING OFFICER/OFFICE INSPECTOR
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
               HOSDRUG, ELECTION TO THE MANAGING COMMITTEE OF THE KANHANGAD CO-
               OPERATIVE URBAN SOCIETY LTD NO.S. 324, KANHANGAD. KASARAGOD 671
               315, PIN - 671315
     2         THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OF POLICE,
               HOSDRUG, KASARAGOD, PIN - 671315
     3         STATE CO-OPERATIVE ELECTION COMMISSION (SCEC)
               CO-BANK TOWERS, VIKAS BHAVAN,P.O., THIRUVANANTHAPURAM REPRESENTED
               BY ITS COMMISSIONER., PIN - 695033
     4         KANHANGAD CO-OPERATIVE URBAN SOCIETY LTD.NO. S.324
               KANHANGAD, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -
               671315

OTHER PRESENT:

               SRI. C M NAZAR (SC, SCEC), SMT. C S SHEEJA (SR GP)



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P. (C) No. 8573 of 2023
                                  ..2..




                            JUDGMENT

The petitioner is a member of the respondent society registered

under the Kerala Cooperative Societies Act and Rules. The election

to the managing committee of the respondent society is scheduled to

be held on 19.03.2023. The petitioner submits that a direction may

be issued to the Returning Officer to strictly comply with the

provisions of Rule 35A(6)(n)(ix) of the Kerala Co-operative

Societies Rules and also that a direction may be issued regarding

video graph of the entire process. A further direction is sought to the

2nd respondent to ensure that sufficient police protection is provided

for conduct of the election, in accordance with law. The learned

counsel submits that in similar matters, this Court has issued orders

and refers to Ext. P5 judgment in W.P(C)No.2961 of 2023.

2. The learned Government Pleader appears for the 2 nd

respondent. Standing Counsel appears for respondents 1 and 3 W.P. (C) No. 8573 of 2023 ..3..

They submit that direction similar to the one issued in Ext.P5 can be

issued in the matter of election to the respondent society.

3. Having heard the learned counsel appearing for the petitioner,

the learned Government Pleader appearing for 2nd respondent and

the learned Standing Counsel appearing for respondents 1 and 3,

this writ petition will stand disposed of directing that respondents 1,

2 and 3 shall ensure that the election is conducted strictly in

compliance with the provisions contained in Rule 35A(6)(n)(ix) of

the Kerala Cooperative Societies Rules. There will be a further

direction to the 2nd respondent to provide adequate police protection

to maintain law and order for the smooth conduct of the election to

the respondent society. The petitioner shall be permitted to video

graph the entire election process under the supervision of the

Returning Officer and in a manner ensuring that the secrecy of

polling is not affected in any manner. The expenses for providing

police protection and for video graphing shall be met by the W.P. (C) No. 8573 of 2023 ..4..

respondent soceity.

The Writ Petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 8573 of 2023 ..5..

APPENDIX OF WP(C) 8573/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION NO.

O1/2023/E(1)SCEC DATED 27-1-2023 ISSUED BY THE 3RD RESPODNENT.

Exhibit P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7-3-2023 Exhibit P3 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7-3-2023 Exhibit P4 TRUE COPY OF THE CIRCULAR NO. 28/2013 DATED 20-11-

2013 ISSUED BY THE STATE POLICE CHIEF. Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 2961/2023 DATED 30-1-2023

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE