The Managing Committee Of Chengalam ... vs Superintendent Of Police
2024 Latest Caselaw 32841 Ker

Kerala High Court

The Managing Committee Of Chengalam ... vs Superintendent Of Police on 13 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                                      2024:KER:84505

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                       THE HONOURABLE MR.JUSTICE V.G.ARUN

     WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946

                             WP(C) NO. 40042 OF 2024


PETITIONER:

              THE MANAGING COMMITTEE OF
              CHENGALAM SERVICE CO-OPERATIVE BANK
              LTD,CHENGALAM P.O, KOTTAYAM, REPRESENTED BY ITS PRESIDENT,
              K.K.RAJU, AGED 63 YEARS, RESIDING AT MAVELIL VETTATH HOUSE,
              CHENGALAM P.O, KOTTAYAM., PIN - 686585

              BY ADVS.
              P.N.MOHANAN
              C.P.SABARI
              AMRUTHA SURESH
              GILROY ROZARIO


RESPONDENTS:

     1        SUPERINTENDENT OF POLICE
              COLLECTORATE, ERAYILKADAVU, KOTTAYAM,
              PIN - 686001

     2        CIRCLE INSPECTOR OF POLICE
              PALLIKKATHODU POLICE STATION, KOTTAYAM,
              PIN - 686503

              SRI. SUNILKUMAR KURIAKOSE, SR. GOVERNMENT PLEADER


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION        ON
13.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.40042 of 2024




                                                                2024:KER:84505

                                       2




                               JUDGMENT

Dated this the 13th day of November, 2024

The petitioner is the managing committee of a

service co-operative bank, the election to the managing

committee of which has been notified. As per Ext.P1

notification, the polling is scheduled to be held on

17.11.2024. Apprehending that there will be attempts

to disrupt the polling process and bogus voting, the

petitioner has filed Exts.P3 and P4 representations

seeking Police protection during the polling process.

The representations having failed to evoke any

response, this writ petition is filed.

2. Heard, learned Counsel for the petitioner and

the learned Government Pleader.

3. The elections to the Co-operative Societies,

which are democratic bodies, have to be conducted in a

free and fair manner. For that, it has to be ensured

2024:KER:84505

that the polling is conducted peacefully. The State

Police Chief himself has issued Ext.P2 Circular for that

purpose. Hence, I find the petitioner to be entitled for

the relief sought.

The writ petition is accordingly disposed of,

directing the respondents to comply with the directions

in Ext.P2, by providing adequate protection for the

smooth conduct of polling to the managing committee

of the Chengalam Service Co-operative Bank Ltd.,

scheduled to be held on 17.11.2024 at the St. Antony's

LP School, Chengalam.

Sd/-

V.G.ARUN

JUDGE NB/13-11 H/O

2024:KER:84505

APPENDIX OF WP(C) 40042/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF ELECTION NOTIFICATION DATED 07.10.2024 ISSUED BY THE ELECTION COMMISSION

EXHIBIT P2 A TRUE COPY OF THE CIRCULAR NO.28/2013 DATED 20.11.2013 ISSUED BY THE STATE POLICE CHIEF

EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 11.11.2024 FILED BEFORE FIRST RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE PETITION DATED 11.11.2024 FILED BEFORE SECOND RESPONDENT

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE