Eramalloor Service Co-Operative Bank ... vs The District Police Chief
2024 Latest Caselaw 30731 Ker

Kerala High Court

Eramalloor Service Co-Operative Bank ... vs The District Police Chief on 30 October, 2024

Author: P Gopinath

Bench: P Gopinath

                                                    2024:KER:81050

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
                       WP(C) NO. 38054 OF 2024
PETITIONER:
          ERAMALLOOR SERVICE CO-OPERATIVE BANK LTD NO.1175
          ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 688 537.

          BY ADVS.
                     KAVERY S THAMPI
                     SARANGADHARAN P.




RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF,
          ALAPPUZHA DISTRICT, PIN - 688 001.

    2     THE SUB INSPECTOR OF POLICE,
          AROOR POLICE STATION, ALAPPUZHA DISTRICT,
          PIN - 688 534.

    3     THE STATE CO-OPERATIVE ELECTION COMMISSION,
          REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
          CO-BANK TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
          PIN - 695 033.

    4     THE RETURNING OFFICER/ UNIT INSPECTOR,
          KUTHIATHOD, OFFICE OF THE ASSISTANT REGISTRAR
          (GENERAL), CHERTHALA, ALAPPUZHA DISTRICT,
          PIN - 688 524, ELECTION TO THE MANAGING COMMITTEE OF
          THE ERAMALLOOR SERVICE CO-OPERATIVE BANK LTD NO.1175,
          ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT,
          PIN - 688 537.

          BY ADVS.
                     SRI. C M NAZAR (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2024, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
                                                     2024:KER:81050
WP(C) 38054/2024                   2




                           JUDGMENT

This writ petition has been filed in the matter of elections

to the Managing committee of the Eramalloor Service Co-

operative Bank Ltd. No.1175, Eramalloor P.O., which has

been notified to be held on 03.11.2024.

2. Learned counsel appearing for the petitioner submits

that in similar facts and circumstances, this Court had issued

an interim order in W.P.(C.) No.28420 of 2023. She also

submits that, in W.P.(C.) No.18663 of 2024 also, similar

directions had been issued by this Court. She therefore, prays

that the writ petition itself be disposed of, issuing directions

similar to the directions contained in the interim order and

judgment referred to above.

3. Heard the learned Government Pleader appearing for

respondent Nos. 1, 2 and 4 and the learned Standing Counsel

appearing for respondent No.3.

4. Having heard the learned counsel appearing for the

petitioner, the learned Government Pleader and the learned

Standing Counsel as above, the writ petition will stand

disposed of, directing respondent Nos.1 and 2 to provide 2024:KER:81050

adequate police protection to maintain law and order for the

smooth conduct of the election to the Eramalloor Service Co-

operative Bank Ltd. No.1175, scheduled to be held on

03.11.2024. The petitioner shall be permitted to videograph

the entire election process under the supervision of the

Returning Officer and in a manner ensuring that the secrecy

of polling is not affected in any manner. The expenses for

video graphing shall be met by the Bank.

Writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE ats 2024:KER:81050

APPENDIX OF WP(C) 38054/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ELECTION NOTIFICATION NO: OI/1247/2024/E(1) S.C.E.C DATED 26-09-2024 PUBLISHED BY THE 3RD RESPONDENT

Exhibit P2 A TRUE COPY OF THE FINAL CANDIDATE LIST PUBLISHED BY THE 3RD RESPONDENT DATED 19.10.2024

Exhibit P3 A TRUE COPY OF THE CIRCULAR NO: 28/2013 DATED 20.11.2013 ISSUED BY THE STATE POLICE CHIEF

Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.10.2024