Kerala High Court
Y.R.Vincent vs Superintendent Of Police on 6 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 4414 OF 2024
PETITIONER/S:
Y.R.VINCENT
AGED 49 YEARS
V.S. NIVAS, THOTTATHUVILA THOTTINKARA, PLAMOOTTUKADA
P.O, THIRUVANANTHAPURAM, PIN - 695122
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
RESPONDENTS:
1 SUPERINTENDENT OF POLICE
THIRUVANANTHAPURAM RURAL NEAR PMG JUNCTION,VIKAS BHAVAN
P.O.,THIRUVANANTHAPURAM, PIN - 695033
2 STATION HOUSE OFFICER
PARASSALA, THIRUVANANTHAPURAM, PIN - 695502
3 RETURNING OFFICER TO ARAYOOR SERVICE CO-OPERATIVE BANK
LTD
NO. 692, A & E SECOND INSPECTOR, OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OP. SOCIETIES, ARAYOOR,
NEYYATINKARA, THIRUVANTHAPURAM, PIN - 691522
4 ADDL R4: THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR,
CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM -695033
W.P.(C).4414 of 2024 2
5 ADDL R5: ARAYOOR SERVICE CO-OPERATIVE BANK LTD ( SOUGHT
TO BE IMPLEADED )
NO. 692, ARAYOOR , NEYYATINKARA,
THIRUVANTHAPURAM-695122 REPRESENTED BY ITS SECRETARY.
* ADDL R4&R5 ARE IMPLEADED AS PER ORDER IN I.A NO.1 OF
2024 DATED 06.02.2024.
SRI C M NAZAR, SC FOR STATE CO-OPERATIVE ELECTION
COMMISSION.,
SMT RASMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).4414 of 2024 3
JUDGMENT
The petitioner states that he is the former President of the Arayoor
Service Co-operative Bank, and is a contesting candidate in the election
scheduled to be held on 11.02.2024 for electing the Managing Committee
Members.
2. The petitioner highlights a grave concern in this writ petition. He
asserts that he, along with his associates, has been subjected to numerous
threats indicating that genuine voters could be forcibly excluded from the
polling process. Furthermore, he states that he entertains a genuine
apprehension that antisocial elements might exploit this chaotic environment to
facilitate the casting of votes by impersonators using fraudulent documents.
This concern is rooted in previous electoral experiences where attempts to
undermine the transparency and sanctity of the election process were observed
but thwarted by timely intervention from law enforcement agencies. He states
that to prevent any such occurrence, and to safeguard the integrity of the
upcoming election, the petitioner has submitted Ext.P2 representation before
the first and second respondents requesting to deploy adequate police
personnel to ensure the election can be conducted without interference. He
also states that video surveillance be ordered of the voting process as an
additional layer of security. This is coupled with a request directed at the first
respondent for the establishment of a sufficient number of polling booths and
the deployment of police personnel. He contends that the above measures are
essential to guarantee that the election proceeds in a manner that is both
peaceful and transparent. To further oversee the process, the petitioner
requests for the appointment of a Commissioner Advocate for overseeing the
election, thereby adding a significant level of legal scrutiny to the proceedings.
3. The learned counsel appearing for the Commission submitted that
he has no objection in granting police protection. However, insofar appointment
of a Commissioner Advocate is concerned, it is submitted that a Division Bench
of this Court in Malanad Service Co-operative Bank Ltd. v. Station
House Officer, Vagamon (2023 (6) KHC 459), has held that this Court will
not be justified in issuing directions under Article 226 of Constitution of India to
appoint an Advocate Commissioner.
4. I have heard the submissions of Sri. P.N Mohanan, the learned
counsel for the petitioner, Sri. C.M Nazar, the learned Standing counsel
appearing for the Commission and the learned Government Pleader.
5. I have considered the submissions advanced. Having considered
the facts and circumstances and taking note of the previous instances of
violence as highlighted, I am of the view that the petitioner has made out a
case for grant of an order of police protection. However, in view of the
observations in Malanad (supra), the prayer for the appointment of an
observer to oversee the election is not liable to be granted.
Resultantly, this writ petition is disposed of by ordering as under:
a) There will be a direction to respondents 1 and 2 to deploy sufficient
number of police personnel to ensure that the election to the
Managing Committee of the Arayoor Service Co-operative Bank
scheduled to be held on 11.02.2024 at the Arayoor Lakshmi Vilasam
Higher Secondary School from 8 am to 4 pm and the counting
thereafter is carried out peacefully and without any interference
and to ensure that the fairness, transparency and integrity of the
election process are maintained.
b) If a request is made for videographing the entire election process,
the 3rd respondent shall permit the same at the expense of the
petitioner herein. However, it shall be ensured that the voters'
privacy and the ballet's secrecy are not infringed.
c) The Returning Officer shall make necessary arrangements to cross-check
the identity cards of the voters with the 6B Register and to act in strict
adherence to Rule 35A(6)(n)(ix) of the KCS Rules to avoid
impersonation, bogus voting, and other electoral malpractices.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
APPENDIX OF WP(C) 4414/2024
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE ELECTION NOTIFICATION
DATED 26.12.2023 ISSUED BY THE ELECTION
COMMISSION
Exhibit P2 A TRUE COPY OF THE PETITION DATED 01.02.2024
SUBMITTED BEFORE THE FIRST AND SECOND
RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 09.10.2018 IN
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 08.12.2022
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED
05.05.2023 IN W.P.(C). NO.15052/2023
