Kerala High Court
Sasidharan .K vs Kerala State Co-Operative Election ... on 11 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83680
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WP(C) NO. 39573 OF 2024
PETITIONER:
1 SASIDHARAN K
AGED 68 YEARS
S/O BALAKRISHNAN NAIR, VIPANCHIKA,
MAILAMBADI, KUTHIRAVATTOM,
KOZHIKODE, PIN - 673016
2 VISWANATHAN PUTHUSSERY
AGED 69 YEARS
S/O NARAYANI AMMA, ANJANAM,
PUTHUSSERY, CHEVAYUR,
KOZHIKODE, PIN - 673017
BY ADVS.
B.S.SWATHI KUMAR
ANITHA RAVINDRAN
HARISANKAR N UNNI
K.MINI MOLE (M-1356)
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWERS, VIKAS BHAVAN.P.O.,
THIRUVANANTHAPURAM
REPRESENTED BY ITS COMMISSIONER.,
PIN - 695933
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WP(C) No.39573 of 2024
2
2 THE STATION HOUSE OFFICER
MEDICAL COLLEGE POLICE STATION,
KOZHIKODE., PIN - 673017
3 THE RETURNING OFFICER/UNIT INSPECTOR
CIVIL STATION, OFFICE OF THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES (G),
KOZHIKODE, ELECTION TO THE MANAGING COMMITTEE OF
CHEVAYOOR SERVICE CO-OPERATIVE BANK LTD.NO. F.
1245, NELLIKODE, CHEVARAMBALAM,
KOZHIKODE, PIN - 673017
4 CHEVAYOOR SERVICE CO-OPERATIVE BANK LTD.NO.F.1245
NELLIKODE, CHEVARAMBALAM, KOZHIKODE
REPRESENTED BY ITS GENERAL MANAGER, PIN - 673017
BY ADVS.
SRI.C.M. NAZAR.,
SMT.RESMI THOMAS, GOVERNMENT PLEADER
SRI.R. SUDHEESH-R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.39573 of 2024
3
JUDGMENT
Dated this the 11th day of November, 2024
The petitioners approached this Court seeking the
following reliefs:
(i) Issue a writ of mandamus or any other
appropriate writ, order or direction commanding and
compelling the 3rd respondent to ensure that only
voters having identity cards issued in Form A are
allowed to enter the polling station and also to video
graph the entire process of polling, at the expense of
the petitioner in the polling station at Government
Boys Higher Secondary School, Parayanchery on 16-
11-2024 and issue a copy of the video graph to the
petitioner;
(ii) Issue a writ of mandamus or any other
appropriate writ order or direction commanding and
compelling the 2nd respondent to afford adequate
police protection to the voters and candidates and
ensure the smooth conduct of the election to the
managing committee of the 4th respondent,
scheduled to be held on 16-11-2024 as per Ext.P1 at
Government Boys Higher Secondary School,
Parayanchery.
2. With regard to the request for videographing,
the petitioners agreed to bear the entire expenses. If that be
so, the 3rd respondent-Returning Officer shall record the entire
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election process through videography and the petitioners shall
bear the entire expenses for the same. With regard to the other
reliefs, necessarily, the Returning Officer shall insist for
production of identity card as contemplated under law. The 2 nd
respondent-Station House Officer shall ensure that law and
order is maintained. Regarding the conduct of election, he shall
strictly follow Circular No.28/2013 issued by the State Police
Chief. The Returning Officer is free to choose a person of his
choice to videograph the election. The Returning Officer shall
keep the videograph in a sealed cover along with other records.
This writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:83680
APPENDIX OF WP(C) 39573/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION
NO. 01/1431/2024/E(1)/SCEC DATED 7-10-
Exhibit P2 TRUE COPY OF THE PETITION FILED BEFORE
THE 2ND RESPONDENT DATED 4-11-2024
Exhibit P3 TRUE COPY OF THE PETITION FILED BEFORE
THE 3RD RESPONDENT DATED 5-11-2024
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.
30493/2019 DATED 12-11-2019
