Kerala High Court
Thomas Varghese vs The State Co-Operative Election ... on 24 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:79349
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF OCTOBER 2024/2ND KARTHIKA, 1946
WP(C) NO. 37540 OF 2024
PETITIONER:
THOMAS VARGHESE
AGED 45 YEARS, (MEMBERSHIP NO.9170),
S/O.VARGHESE, KAMUKUMPALLIL HOUSE,
VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT,
PIN - 689 698.
BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR
POOJA PANKAJ
NAYANZA FERIN C.P.
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
2 THE ELECTORAL OFFICER
VAKAYAR SERVICE CO-OPERATIVE BANK LTD. NO.847,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KONNI, PATHANAMTHITTA,
PIN - 689 691.
3 THE RETURNING OFFICER
VAKAYAR SERVICE CO-OPERATIVE BANK LTD. NO.847,
(UNIT INSPECTOR, CHITTAR, OFFICE OF
THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), KONNI, PATHANAMTHITTA,
PIN - 689 691.
2024:KER:79349
WP(C) No.37504 of 2024
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4 VAKAYAR SERVICE CO-OPERATIVE BANK LTD. NO.847
REPRESENTED BY ITS SECRETARY, VAKAYAR,
PATHANAMTHITTA DISTRICT, PIN - 689 698.
5 THE SUPERINTENDENT OF POLICE
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT,
PIN - 689 645.
6 THE DEPUTY SUPERINTENDENT OF POLICE
KONNI, PATHANAMTHITTA DISTRICT,
PIN - 689 691.
7 THE STATION HOUSE OFFICER
KONNI POLICE STATION, PATHANAMTHITTA,
PIN - 689 691.
BY ADV
C.M NAZAR, STANDING COUNSEL
MABLE C KURIAN, SENIOR GOVERNMENT
PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.37504 of 2024
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JUDGMENT
Dated this the 24th day of October, 2024
The petitioner is a member of the 4th respondent-
Society registered under the Kerala Co-operative Societies
Act. Election to the Managing Committee of the 4 th
respondent-Society is scheduled to be held on 26.10.2024.
2. The petitioner submits that a direction may
be issued to respondents 5 to 7 to comply with the directions
contained in Ext.P7 Circular by ensuring smooth conduct of
election to the Managing Committee of the 4 th respondent-
Society and a direction to respondents 2 and 3 to take
necessary steps to prevent bogus voting in the election and
to strictly comply with the provisions of Rule 35A(6)(n)(ix) of
the Kerala Co-operative Societies Rules and also that a
direction may be issued regarding videography of the entire
process. The petitioner has also sought for a direction to
number the ballot papers. Counsel appearing for the
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petitioner submits that in similar matters, this Court has
issued orders, and refers to Ext.P8 judgment in W.P(C)
No.33394 of 2024.
3. Counsel appearing for the petitioner argued
that in order to prevent the bogus voting, it is appropriate to
give serial number to ballot papers. In case any bogus vote is
poled, it can be easily identified by verifying ballot voter in
case where the actual voter came subsequent to the casting
of bogus votes. So also it is necessary to count and tally the
entire votes polled immediately before starting the counting,
in order to identify the number of bogus votes in excess of
actual votes.
4. Standing Counsel representing respondents
1 to 3 submitted that ballot papers are serially numbered and
in every counting process, the total number of ballot paper
would be counted, so as to tally the entire votes polled in the
election. The counting will be conducted as per the
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established procedure.
5. Standing Counsel appeared for respondents
1 to 3 and Senior Government Pleader appeared for
respondents 5 to 7. They submitted that direction similar to
the one issued in Ext.P8 can be issued in the matter of
election to the 4th respondent-Society.
6. I have heard the learned Counsel appearing
for the petitioner, the learned Standing Counsel representing
respondents 1 to 3 and the learned Senior Government
Pleader representing respondents 5 to 7. Notice to the 4 th
respondent is dispensed with.
7. Taking into consideration the afore facts, the
writ petition is disposed of directing that respondents 1 to 3
shall ensure that the election is conducted strictly in
compliance with the provisions contained in Rule 35A(6)(n)
(ix) of the Kerala Co-operative Societies Rules. There will be
a further direction to respondents 5 to 7 to provide adequate
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police protection to maintain law and order for the smooth
conduct of the election to the 4th respondent-Society. The
petitioner shall be permitted to videograph the entire election
process under the supervision of the 3rd respondent-
Returning Officer and ensuring that the secrecy of polling is
not affected in any manner. The expenses for providing
videography shall be met by the petitioner.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:79349
APPENDIX OF WP(C) 37540/2024
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ELECTION
NOTIFICATION
NO.OI/1195/2024/E(2)S.C.E.C DATED
21-09-2024 ISSUED BY THE 1 ST
RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE SAMPLE BALLOT PAPER
DATED NIL.
Exhibit-P3 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 7TH
RESPONDENT DATED 22-10-2024.
Exhibit-P4 A TRUE COPY OF THE RECEIPT ISSUED FROM
THE OFFICE OF THE 7TH RESPONDENT DATED
22-10-2024.
Exhibit-P5 A TRUE COPY OF THE COMMUNICATION DATED
13-08-2024 ISSUED BY THE 5TH
RESPONDENT TO THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL),
PATHANAMTHITTA.
Exhibit-P6 A TRUE COPY OF THE REPRESENTATION
DATED 22-10-2024 FILED BY PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit-P7 A TRUE COPY OF THE CIRCULAR NO.28/2013
DATED 20-11-2013 ISSUED BY THE STATE
POLICE CHIEF
Exhibit-P8 A TRUE COPY OF THE JUDGMENT DATED 24-
09-2024 IN WP(C) NO.33394 OF 2024 OF
THIS HON'BLE COURT.
