Kerala High Court
The President Of The Managing Committee ... vs The Superintendent Of Police on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:76943
W.P.(C) No.35921/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF OCTOBER 2024/25TH ASWINA, 1946
WP(C) NO. 35921 OF 2024
PETITIONER:
THE PRESIDENT OF THE MANAGING COMMITTEE OF
VARAPPUZHA SERVICE CO-OPERATIVE
BANK LTD.NO.1582,
VARAPPUZHA P.O.,
ERNAKULAM DISTRICT,
PIN - 683517
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
ANSHIN K.K
FATHIMA AMREEN JAMAL
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE,
ERNAKULAM RURAL, ALUVA,
ERNAKULAM DISTRICT, PIN - 683101
2 THE DEPUTY SUPERINTENDENT OF POLICE,
MUNAMBAM SUB DIVISION, ERNAKULAM RURAL,
ERNAKULAM DISTRICT, PIN - 683514
3 THE CIRCLE INSPECTOR OF POLICE,
VARAPPUZHA,
ERNAKULAM DISTRICT, PIN - 683517
4 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR
(GENERAL) OF CO-OPERATIVE SOCIETIES,
NORTH PARAVUR, ERNAKULAM DISTRICT 683513,
ELECTION TO THE MANAGING COMMITTEE OF
VARAPPUZHA SERVICE CO-OPERATIVE BANK
2024:KER:76943
W.P.(C) No.35921/2024
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LTD. NO. 1582, VARAPPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683517
5 THE RETURNING OFFICER/CHENNAMANGALAM UNIT
INSPECTOR,
ELECTION TO THE MANAGING COMMITTEE OF
VARAPPUZHA SERVICE CO-OPERATIVE BANK
LTD. NO. 1582, VARAPPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683517
6 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO BANK TOWERS,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
BY ADVS.
SRI.C.M. NAZAR, SC
SMT.RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:76943
W.P.(C) No.35921/2024
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JUDGMENT
Dated this the 17th day of October, 2024
The petitioner is the President of the Varappuzha
Service Co-operative Bank Ltd. The election to the Managing
Committee of the Bank is scheduled to be held on
20.10.2024.
2. The petitioner states that considering the
existing tense situation, it is possible that law and order
problem may arise due to political rivalry. To ensure fair and
smooth conduct of election, effective police protection is
highly necessary.
3. The petitioner requested the respondents to
install CCTV camera and opt for videography of election
process, to prevent mass bogus votes. The respondents are
not taking any steps on the request. Hence, the petitioner is
before this Court.
2024:KER:76943
4. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 to 3 and the learned Standing Counsel
representing respondents 4 to 6.
5. Standing Counsel for respondents 4 to 6
would submit that there are 30752 members in the Bank.
Thirteen polling booths have to be arranged for conduct of
election. Therefore, if there is any dispute relating to identity
of any of the voters, as and when such dispute is raised, the
identity can be checked by verifying Form 6B Register.
6. Government Pleader submits that as
election is to a Co-operative institution, in the normal course,
the police will be deploying sufficient force to maintain law
and order.
7. Considering the fact that the petitioner
apprehends violence and law and order issues during the
election, I am of the view that the writ petition can be
disposed of with the following directions:
2024:KER:76943
i) Respondents 1 to 3 shall deploy
adequate number of police force at the
polling station for smooth and peaceful
conduct of the election. Such
deployment and police protection shall
be granted at the time of counting
process also.
ii) The 5th respondent shall arrange
videography of the election process at
the expense of the petitioner.
ii) If any of the parties raises dispute
regarding identity of voters, decision
shall be taken with reference to Form 6B
Register.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:76943
APPENDIX OF WP(C) 35921/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION
BEARING NO. OI/1156/2024/E(2) S.C.E.C
DATED 11.09.2024 ISSUED BY THE 6TH
RESPONDENT.
Exhibit P2 TRUE COPY OF THE REQUEST DATED
05.10.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT SEEKING
POLICE PROTECTION
Exhibit P3 TRUE COPY OF THE RECEIPT DATED
07.10.2024 RECEIVED BY THE PETITIONER
FROM THE OFFICE OF THE DISTRICT POLICE
SUPERINTENDENT, ERNAKULAM RURAL
Exhibit P4 TRUE COPY OF THE REQUEST DATED
05.10.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH AND 5TH RESPONDENTS
Exhibit P5 TRUE COPY OF THE ORDER DATED
16.06.2022 PASSED BY THE DIVISION
BENCH OF THIS HON'BLE COURT IN
W.A.NO.92 OF 2022
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
11.07.2019 IN W.P.(C) NO.18534/2019
PASSED BY THIS HON'BLE COURT
