Ithithanam Service Co-Operative Bank ... vs The District Police Chief Kottayam
2024 Latest Caselaw 30360 Ker

Kerala High Court

Ithithanam Service Co-Operative Bank ... vs The District Police Chief Kottayam on 25 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                              2024:KER:79525
W.P.(C) No.37577/2024
                              :1:

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                    WP(C) NO. 37577 OF 2024

PETITIONER:
         ITHITHANAM SERVICE CO-OPERATIVE BANK
         LTD NO.476,
         PLAMMODU MALAKUNNAM RD,
         THURUTHY, MALAKUNNAM P.O.,
         CHANGANASSERRY, KOTTAYAM,
         REPRESENTED BY ITS SECRETARY,
         PIN - 686535

           BY ADVS.
           BIJITH S.KHANSHANAVAS
           N.ANAND
           RAJESH O.N.
           ROY ANTONY


RESPONDENTS:
    1    THE DISTRICT POLICE CHIEF, KOTTAYAM
         KOTTAYAM KUMILI ROAD, COLLECTORATE
         ERAYILKADAVU, KOTTAYAM, PIN - 686001

    2      THE STATION HOUSE OFFICER,
           CHINGAVANAM POLICE STATION
           NEAR AMALA FISH MARKET,
           CHINGAVANAM, KOTTAYAM, PIN - 686531

    3      THE STATE CO-OPERATIVE ELECTION COMMISSION,
           REPRESENTED BY ITS SECRETARY,
           CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
           THIRUVANANTHAPURAM, PIN - 695033
                                               2024:KER:79525
W.P.(C) No.37577/2024
                            :2:

    4      THE RETURNING OFFICER,
           ASSISTANT REGISTRAR (GENERAL),
           CHANGANASSERRY THE ITHITHANAM SERVICE
           CO-OPERATIVE BANK LTD NO.476,
           MALAKUNNAM P.O, CHANGANASSERRY,
           KOTTAYAM, PIN - 686535

    5      SEBASTIAN JOSEPH,
           S/O. JOSE SEBASTIAN,
           RESIDING AT THANNICKAL,
           ITHITHANAM P.O., CHANGANACHERRY,
           KOTTAYAM, PIN - 686535

    6      CHACKO OUSEPH,
           S/O. OUSEPH, RESIDING AT KAVITHAZHE,
           MALAKUNNAM P.O., CHANGANACHERRY,
           KOTTAYAM, PIN - 686535


           BY ADVS.
           SMT.SHEEJA C.S, SR. GOVERNMENT PLEADER
           SRI.C.M.NAZAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                                   2024:KER:79525
W.P.(C) No.37577/2024
                                :3:




                            JUDGMENT

Dated this the 25th day of October, 2024

The petitioner, which is a Primary Agricultural Credit

Co-operative Society, seeks to direct respondents 1 and 2 to

afford sufficient police protection during the polling of the

election to the Managing Committee of the petitioner-Society

scheduled to be held on 03.11.2024 and to continue the

protection till results are declared. The petitioner also seeks

to direct the 3rd respondent to videograph the entire polling

process on 03.11.2024.

2. The petitioner states that the election to the

Managing Committee of the Society is scheduled to be held

on 03.11.2024. The petitioner apprehends trouble and

physical harm to the voters. The petitioner, therefore,

requested the Returning Officer to arrange videography 2024:KER:79525

during the election. The petitioner also has moved the

jurisdictional Police Officers to give adequate protection.

There is no response from the respondents, contends the

petitioner.

3. Senior Government Pleader entered

appearance for respondents 1 and 2. The Senior Government

Pleader submitted that as the election is to a Co-operative

Society, in the ordinary course, the 2 nd respondent will be

extending sufficient police force for peaceful conduct of the

election and to ensure that there is no law and order problem.

4. Standing Counsel representing respondents

3 and 4 submitted that the election will be conducted as per

rules and in peaceful manner and necessary police force will

be sought for from respondents 1 and 2.

5. I have heard the learned counsel for the

petitioner, the learned Senior Government Pleader 2024:KER:79525

representing respondents 1 and 2 and the learned Standing

Counsel representing respondents 3 and 4. Notice to

respondents 5 and 6 is dispensed with, in view of the nature

of the relief to be granted in this writ petition.

6. The election to the Managing Committee of

the petitioner is scheduled to be held on 03.11.2024. The

petitioner apprehends law and order problems. As the

election to the Society is to be conducted in a peaceful

manner, it would be only appropriate that the 2 nd respondent

extends necessary police protection for the smooth conduct

of the election. In order to avert any manipulations in the

election process, it would be advisable that the election

process is videographed properly.

In the circumstances of the case, the writ petition is

disposed of directing respondents 1 and 2 to extend

necessary police protection to the petitioner for smooth and

peaceful conduct of the election scheduled to be held on 2024:KER:79525

03.11.2024. Such protection shall be continued during the

counting process also. The 4th respondent is directed to

videograph the election process, of which the expenses shall

be met by the petitioner.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:79525

APPENDIX OF WP(C) 37577/2024

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 25.09.2024 ISSUED BY RESPONDENT NO.3 IN NO.

OI/1255/2024/E(2)S.C.E.C

Exhibit P2 A TRUE COPY OF THE REQUEST DATED 22.10.2024 SUBMITTED BY THE PETITIONER TO RESPONDENT NO. 4 IN L NO. 175/2024-

Exhibit P3 A TRUE COPY OF THE REQUEST DATED 18.10.2024 ISSUED BY THE PETITIONER TO RESPONDENT NO. 1 IN L NO. 166/2024-

Exhibit P4 A TRUE COPY OF THE REQUEST DATED 18.10.2024 ISSUED BY THE PETITIONER TO RESPONDENT NO. 2 IN L NO. 167/2024-

Exhibit P5 A TRUE COPY OF THE JUDGEMENT DATED

04.09.2023 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 29121/2023.