Reji H.S vs The Deputy Superintendent Of Police
2024 Latest Caselaw 30941 Ker

Kerala High Court

Reji H.S vs The Deputy Superintendent Of Police on 23 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:78865

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946

                       WP(C) NO. 37225 OF 2024

PETITIONER:

          REJI H.S, AGED 41 YEARS,
          S/O HARIHARAN REJI NIVAS, CHENKAL VILLAGE,
          CHENKAL P.O, NEYYATTINKARA TALUK,
          THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695132


          BY ADVS.
          KRISHNANUNNI G.B.
          ABHIJITH U.




RESPONDENTS:

    1     THE DEPUTY SUPERINTENDENT OF POLICE
          NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 695121

    2     THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OF POLICE
          PARASSALA POLICE STATION,
          THIRUVANANTHAPURAM, PIN - 695502

    3     STATE CO-OPERATIVE ELECTION COMMISSION,
          CO- BANK TOWERS, VIKAS BHAVAN P.O,
          THIRUVANANTHAPURAM,
          REPRESENTED BY ITS SECRETARY, PIN - 695033

    4     THE ELECTORAL OFFICER OF ELECTION TO THE MANAGING
          COMMITTEE OF CHENKAL SERVICE CO-OPERATIVE BANK/
          ASSISTANT REGISTRAR (GENERAL)
          NEYYATINKARA,
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (G), NEYYATINKARA,
          THIRUVANANTHAPURAM, PIN - 695121
                                                        2024:KER:78865
WP(C) NO. 37225 OF 2024

                                   2
     5       THE RETURNING OFFICER OF ELECTION TO MANAGING COMMITTEE
             OF CHENKAL SERVICE CO-OPERATIVE BANK LIMITED
             NO. 1258/ BALARAMAPURAM UNIT INSPECTOR, OFFICE OF THE
             ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
             NEYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121


             SMT. DEEPA NARAYANAN, SR. GP.
             SRI. C.M. NAZAR, SC FOR SCEC.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                         2024:KER:78865
WP(C) NO. 37225 OF 2024

                                   3



                               JUDGMENT

This writ petition is filed seeking police protection for

the smooth conduct of election to the Managing Committee of

the Chenkal Service Co-operative Bank Ltd. No.1258, scheduled

to be held on 27.10.2024.

2. Heard, learned Counsel for the petitioner, learned

Government Pleader and the learned Standing Counsel for the

Co-operative Election Commission.

3. Learned Counsel for the petitioner submits that there

is every possibility of the election being disrupted by miscreants

and attempts being made at bogus voting. Hence, the presence

of police at the venue of the election is imperative for the

smooth conduct of the polling and the counting.

4. Learned Government Pleader submits that the

Director General of Police issued instruction directing the Station

House Officers to ensure smooth conduct of election to the 2024:KER:78865 WP(C) NO. 37225 OF 2024

Co-operative Societies within the limits of their police station.

Free and fair elections being fundamental for the

democratic functioning of Co-operative Societies, this writ

petition is disposed of, directing the 2nd respondent to provide

effective protection at the venue of the election on 27.10.2024.

If the petitioner makes a request to the 5 th respondent seeking

permission for video recording the election process, the same

shall be allowed subject to the petitioner meeting the requisite

expenses and recording the election process without causing any

disturbance.

Sd/-

V.G.ARUN JUDGE msp 2024:KER:78865 WP(C) NO. 37225 OF 2024

APPENDIX OF WP(C) 37225/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ELECTION DECLARATION DATED 20-09-2024

Exhibit P2 TRUE COPY OF THE WRITTEN REQUEST GIVEN TO THE DEPUTY SUPERINTENDENT OF POLICE;

NEYYATINKARA/1STRESPONDENT DATED 18/10/2024

Exhibit P3 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER TO THE RETURNING OFFICER/5TH RESPONDENT DATED 18/10/2024