K P Dayanandan vs Inspector Of Police Chokli Police ...
2023 Latest Caselaw 3509 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                     WP(C) NO. 9414 OF 2023
PETITIONER:

         K P DAYANANDAN, AGED 53 YEARS, S/O KRISHNAN,
         TEACHER, CHAITHRAM, CHOKLI AMSOM, DESOM,
         P O CHOKLI, KANNUR, PIN - 670672

         BY ADV K.P.HAREENDRAN


RESPONDENTS:

    1    INSPECTOR OF POLICE CHOKLI POLICE STATION
         P O CHOKLI, KANNUR, PIN - 670672

    2    SUPERINTENDENT OF POLICE, KANNUR
         P O KANNUR, KANNUR DISTRICT, PIN - 670002

    3    DISTRICT POLICE CHIEF
         KANNUR P O, KANNUR, KANNUR, PIN - 670001

    4    SHAJI M CHOCKLI, S/O KUMARAN, MAYANTAVIDA,
         CHOKLI AMSOM, DESOM, P O CHOKLI, PIN - 670672

    5    K M PAVITHRAN, S/O KRISHNAN, POOJA KRISHNA,
         KOROTH MEETHAL, CHOKLI AMSOM,DESOM,
         P O CHOKLI, KANNUR, PIN - 670672

    6    STATE OF KERALA
         REPRESENTED BY GOVERNMENT PLEADER,
         HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
 WP(C) No.9414 of 2023



                            2


 ADDL R7 CHOKLI PEOPLES WELFARE CO-OPERATIVE
         SOCIETY LTD NO C 1923
         REPRESENTED BY ITS SECRETARY,
         CHOKLI AMOSM, DESOM, PO CHOKLI,
         KANNUR, PIN-670672

            *ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED
            22.03.2023 IN I.A. NO.1 OF 2023.

            BY ADVS.
            PRANOY K. KOTTARAM
            SIVARAMAN P.L(K/1457/2020)
            SRI.E.C. BINEESH, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.9414 of 2023



                               3




                            JUDGMENT

Dated this the 24th day of March, 2023

The petitioner, who is a member of the Chokli Peoples

Welfare Co-operative Society Limited and who was President

of the Society for the period from 2018 to 2023, has

approached this Court seeking to direct respondents 1 to 3 to

provide adequate police protection to the members and voters

of the Chokli Peoples Welfare Co-operative Society Limited to

cast their vote in the election scheduled on 25.03.2023 at the

office of the Society at Chokli.

2. The election to the Managing Committee of the

additional 7th respondent-Society, Chokli is scheduled to be

held on 25.03.2023. Respondents 4 and 5 are not members of

the Society. But, they are trying to gather large number of

people at the place of election in order to hijack the election. A WP(C) No.9414 of 2023

fearless election cannot be conducted without adequate police

protection. Though the petitioner has submitted Ext.P4

representation, the police is not likely to assist the Society to

maintain law and order, contends the petitioner.

3. The additional 7th respondent-Society entered

appearance through counsel and submitted that election to

the governing body of the Society is scheduled to be held on

25.03.2023. There is a strong likelihood of law and order

issue. Therefore, unless respondents 1 to 3 deploy sufficient

numbers of police personnel, there is likelihood of law and

order problems.

4. Government Pleader entered appearance on behalf

of respondents 1 to 3 and submitted that since it is an election

to a Co-operative Society, in the normal course, the police will

be deploying police personnel for peaceful conduct of the

election.

WP(C) No.9414 of 2023

5. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 3 and 6 and the learned counsel for the additional

7th respondent. In view of the nature of the relief to be granted

in the writ petition, notice to respondents 4 and 5 is dispensed

with.

6. The additional 7th respondent is Chokli Peoples

Welfare Co-operative Society. The election to the Managing

Committee of the Society is scheduled to be held on

25.03.2023. The petitioner as well as the 7th respondent

apprehends law and order issues due to political rivalry during

the election.

7. In the circumstances, it will be only just and proper

that respondents 1 to 3 deploy adequate number of police

personnel to the venue of election in order to maintain law and

order.

WP(C) No.9414 of 2023

The writ petition is therefore disposed of directing the 1 st

respondent to deploy adequate number of police personnel to

the office of the Chokli Peoples Welfare Co-operative

Society, where election to its governing body is scheduled to

be held on 25.03.2023 to maintain law and order. Police

protection shall be given for the conduct of election and for the

counting process also.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.9414 of 2023

APPENDIX OF WP(C) 9414/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE ELECTION NOTIFICATION DATED 07.02.2023 ISSUED BY STATE CO- OPERATIVE ELECTION COMMISSIONER Exhibit P2 COPY OF THE FINAL VOTERS LIST OF THE CHOKLI PEOPLES WELFARE CO-OPERATIVE SOCIETY LTD.

Exhibit P3 COPY OF THE LIST OF CANDIDATES IN THE ELECTION TO THE CHOKLI PEOPLES WELFARE CO-OPERATIVE SOCIETY LTD.

Exhibit P4 COPY OF THE PETITION SUBMITTED TO INSPECTOR OF POLICE, CHOCKLI Exhibit P5 COPY OF THE PETITION SUBMITTED TO SUPERINTENDENT OF POLICE, KANNUR.

Exhibit P6 COPY OF THE PETITION SUBMITTED TO DIG OF POLICE KANNUR