Kerala High Court

John V.C vs State Of Kerala on 28 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 18663 OF 2024
PETITIONERS:

    1     JOHN V.C.
          AGED 71 YEARS
          S/O. JOHN V.J., VALAVATH HOUSE, THEKKENADA P.O.,
          VAIKOM, KOTTAYAM, PIN - 686141
    2     PAULSON JOSEPH
          AGED 62 YEARS
          S/O JOSEPH, VALIYATHARAYIL, CHEMMANATHUKARA P.O.,
          VAIKOM, KOTTAYAM, PIN - 686608
          BY ADV K.C.VINCENT


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE STATE CO-OPERATIVE ELECTION COMMISSION
          3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN,
          PIN - 695033
    3     THE RETURNING OFFICER
          VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD. NO.K 951, MIDUKKI ENTERPRISES
          BUILDING, KACHERIKAVALA, VAIKOM P.O., KOTTAYAM, UNIT
          INSPECTOR, VAIKOM, OFFICE OF THE ASSISTANT REGISTRAR
          (GENERAL), VAIKOM, PIN - 686141
    4     THE DISTRICT POLICE CHIEF
          KOTTAYAM, COLLECTORATE, KOTTAYAM, PIN - 686002
    5     DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, VAIKOM,
          KOTTAYAM, PIN - 686608
    6     THE STATION HOUSE OFFICER
          POLICE STATION, VAIKOM, VAIKOM P.O., KOTTAYAM, PIN -
          686608
    7     VAKKACHAN MANNATHALI
          AGED 55 YEARS
          S/O K.K. JOSEPH, MANNATHALIL HOUSE, AMBIKA MARKET
          P.O., VAIKOM, KOTTAYAM, PIN - 686144
    8     JOSE JAMES
          AGED 54 YEARS
 WP(C) NO. 18663 OF 2024          2

          S/O JAMES, PULIYALAKKAL HOUSE, ARUNNOOTTIMANGALAM
          P.O., KOTTAYAM, PIN - 686604
    9     VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD. NO.K 951
          MIDUKKI ENTERPRISES BUILDING, KACHERIKAVALA, VAIKOM,
          KOTTAYAM, REPRESENTED BY ITS SECRETARY., PIN - 686141
    10    THE STATE POLICE CHIEF
          POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN -
          695010
          SMT.REKHA C.NAIR - SR. GP
          SRI.C.M.NAZAR
          SRI.SHIHABUDHEEN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18663 OF 2024               3

                              JUDGMENT

The petitioners who are stated to be the members of the Vaikom

Taluk Co-operative Agricultural and Rural Development Bank Ltd.

('Bank' for short) say that the elections to its Managing Committee has

been marred by various acts of violence and disruptions; and therefore,

that they have been constrained to approach this Court, seeking that

the Police offer necessary protection for its last stage, which is

scheduled on 30.05.2024.

2. Sri.K.C.Vincent - learned counsel for the petitioners explained

that, even when polling was attempted on earlier occasions, there were

obstructions caused, in spite of the fact that orders for police protection

had been issued; and therefore, that it is now incumbent that the Police

be directed to afford adequate and effective protection on 30.05.2024.

He added that the 2nd prayer of his clients, namely that the 3rd

respondent - Returning Officer be directed to videograph the entry

points and premises of the polling station till the end of polling on

30.05.2024, also becomes relevant and important in the afore factual

scenario.

3. Sri.C.M.Nazar - learned Standing Counsel for the 2nd

respondent - State Co-operative Election Commission, submitted that

this writ petition is unnecessary, particularly with respect to prayer

No.1; while it is not maintainable as regards prayer No.3. He explained

that his client is in full charge of the conduct of the elections and that

they have also requisitioned the Police to offer assistance, which will be

given; and therefore, that the petitioners need not have approached this

Court as regards prayer No.1. Coming to Prayer No.2, he submitted

that if the petitioners want the premises to be videographed, it can be

done during the entire process, provided the expenses for the same is

met by them.

4. Sri.Shihabudeen - learned counsel for respondent No.9 - Bank,

submitted that his client also wants the elections to be completed

without any unsavory event; and therefore, that they will not stand in

the way of appropriate orders being issued by this Court.

5. The endorsement on file show that summons to respondents 7

and 8 have been validly served. However, they are neither present in

person today, nor represented through counsel.

6. When one adverts to the afore rival positions of the parties, it is

evident that it is common cause that the elections to the Managing

Committee of the Bank is to be conducted without any let or

interference on 30.05.2024. Since all the parties are ad idem on this, I

have no doubt that the petitioners are entitled to relief in the following

manner:

(a) The respondents 4 to 6 are directed to afford adequate and

effective protection, using sufficient number of police personnel, to

ensure that the elections to the Managing Committee of the 9 th

respondent - Bank is able to be completed by the 3 rd respondent -

Returning Officer, in a peaceful and decorous manner on 30.05.2024;

and also to ensure that all illegal obstructions and interdictions are

prevented and removed, using necessary force, to the fullest warrant of

law.

(b) The 3rd respondent will videograph the entry points in the

premises of the polling station at the Government Girls Higher

Secondary School and Government Girls High School, Vaikom, from

8.00 a.m., till the end of polling on 30.05.2024, adverting to Rule 35A(6)

(n)(ix) of the Kerala Co-operative Societies Rules. For this purpose, they

will be at liberty to requisition the expense of the same from the

petitioners, as is now conceded to by them. For this purpose, the

competent Authority of the 3rd respondent will inform the petitioners

about the amount to be expended by them not later than 3.00 p.m. on

29.05.2024, which will be remitted by the former not later than 12.00

noon on 30.05.2024.

Observer, this Court finds no reason to do so, in view of the afore

directions; but caution the Election Commission that since the conduct

of the elections without any let or interference is primarily their

responsibility, every measure and steps, even in addition to the afore

directions, will be taken by them, including by requisitioning any

further assistance from the Police, for which full liberty is reserved to

them.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 18663/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT, KERALA STATE CO-

                    OPERATIVE    ELECTION    COMMISSION   DATED
                    18.05.2024
Exhibit P2          A   TRUE   COPY  OF   THE   JUDGMENT  DATED
                    04.07.2022 IN W.P.(C) NO. 20801 OF 2022
Exhibit P3          A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE

COURT DATED 08.01.2024 IN W.P.(C) NO. 22503 OF 2022 Exhibit P4 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

2913 OF 2024 DATED 29.02.2024 Exhibit P5 A TRUE COPY OF THE COMMON ORDER DATED 22.03.2024 IN W.P.(C) NO. 2913 OF 2024 AND CONT CASE © NO. 662 OF 2024 Exhibit P6 A TRUE COPY OF THE REQUEST DATED 20.05.2024 SUBMITTED BEFORE THE 6TH RESPONDENT WITH COPIES TO THE 4TH AND 5TH RESPONDENTS Exhibit P7 A TRUE COPY OF THE REQUEST DATED 20.05.2024 SUBMITTED BY THE BEFORE THE 3RD RESPONDENT