Kerala High Court
The Ramapuram Regional Service ... vs The Chief Electoral Officer on 6 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:67996
WP(C) NO. 31624 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 31624 OF 2024
PETITIONER:
THE RAMAPURAM REGIONAL SERVICE CO-OPERATIVE
BANK LTD. NO. 4111, RAMAPURAM BAZAR P.O.,
KOTTAYAM, REPRESENTED BY ITS SECRETARY,
PIN - 686576
BY ADV K.C.VINCENT
RESPONDENTS:
1 THE CHIEF ELECTORAL OFFICER
OFFICE OF THE CHIEF ELECTORAL OFFICER,
KERALA, LEGISLATIVE COMPLEX, PALAYAM,
THIRUVANANTHAPURAM,
PIN - 695033
2 THE DISTRICT ELECTION OFFICER AND DISTRICT
COLLECTOR, COLLECTORATE, KOTTAYAM, KOTTAYM,
PIN - 686002
3 THE DEPUTY COLLECTOR (ELECTION)
COLLECTORATE, KOTTAYAM, KOTTAYM,
PIN - 686002
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WP(C) NO. 31624 OF 2024
2
BY ADV
SRI. DEEPU LAL MOHAN SC FOR R1 TO R3.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
JUDGMENT
The vehicle belonging to the petitioner, a Co-
operative Bank, was requisitioned by the 2nd respondent
during the general elections to the Lok Sabha conducted in
2024. The proceedings in this regard issued by the 2 nd
respondent is produced as Ext.P1. Later, the registration
number of the vehicle, which was mistakenly shown in
Ext.P1, was corrected by Ext.P2 and the period of requisition
extended. Still later, another order was passed by the 3 rd
respondent extending the period of requisition from
27.04.2024 to 04.06.2024. According to the petitioner,
although extension was only up to 04.06.2024, the vehicle
was returned only on 10.06.2024. As the respondents did not
pay any rent to the petitioner, Ext.P5 representation was
submitted requesting for payment of Rs.1,56,398/- (Rupees
one lakh fifty six thousand three hundred and ninety eight
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only) towards rent. The respondents having failed to accede
to the request, this writ petition is filed. The learned Counsel
for the petitioner submitted that, having requisitioned the
vehicle, the 2nd respondent is bound to effect payment. It is
pointed out that the issue is covered by Ext.P6 judgment of
this Court.
2. The learned Standing Counsel for the
Election Commission submitted that the stand taken by the
2nd respondent is that, as the requisitioned vehicle belongs to
a Co-operative Bank, it is to be treated as a Government
Vehicle and therefore, no amount is payable towards rent. It
is fairly submitted that the issue is covered by Ext.P6 and the
judgment in W.P(C) No.10591/2020, to both of which, the 2nd
respondent is also a party. The Standing Counsel also made
available a copy of G.O.(Rt) No.271/2024/ELEC dated
17.04.2024, which prescribes the manner in which the rent is
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to be calculated.
3. The learned Counsel for the petitioner
submitted that the demand for rent is made based on such
calculation.
4. As rightly pointed out by the learned
Counsel, the 2nd respondent cannot refuse to pay rent on the
premise that the vehicles of Co-operative Societies are to be
considered as departmental vehicles. The said aspect has
been dealt with by this Court in Ext.P6 judgment, the relevant
portion of which reads as under:
"8. Accordingly, by virtue of the
powers conferred under section 166 of Act, 1951
functions are delegated by the State with regard
to requisitioning as per sections 160 to 165 of Act,
1951 to such officer or class of officers. On a
reading of the aforesaid provisions, it is clear that,
the Government is duty bound to provide
compensation to the vehicles in accordance with
the aforequoted provisions. It may be true, when
Government vehicles are requisitioned, there may
not be any liability on the State to pay
compensation to the vehicle or the driver.
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However, it is clear that, in all other cases, the
State is liable to pay compensation, if vehicles are
requisitioned. As I have pointed out earlier, the
co-operative bank is not a State Government
controlled organisation and it is functioning
independently through the elected members
constituted in accordance with the provisions of
the Act, 1969. So much so, provisions of Part IXB
of the Constitution of India introduced by
Amendment Act, 2011 and came into force with
effect from 15.2.2011, speak in volumes the
independent, autonomous and democratic nature
of co-operative societies/banks, constituted under
the provisions of Act, 1969. These cluster of
factual and legal circumstances lead me to a safe
conclusion that, the stand adopted by the 1st
respondent in Ext.P3 is not sustainable under law.
Therefore, looking from any angle it is clear that,
Ext.P3 order passed by the 1st respondent
suffers from the vice of arbitrariness and illegality,
liable to be interfered with by this court under
Article 226 of the Constitution of India."
I am in respectful agreement with findings above. Moreover,
being a party to the judgment the findings therein apply to the
2nd respondent with full vigour.
In the result, this writ petition is disposed of directing
the 2nd respondent to consider Ext.P5 request made by the
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petitioner within two months, in accordance with G.O.(Rt)
No.271/2024/ELEC dated 17.04.2024 and release the
amount for which the petitioner is found entitled within a
further period of one month.
Sd/-
V.G.ARUN
JUDGE
scs
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WP(C) NO. 31624 OF 2024
APPENDIX OF WP(C) 31624/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS THE 2ND
RESPONDENT DATED 25.03.2024 BEARING
NO. DCKTM/7960 (A)/2023-E1
REQUISITIONING VEHICLE BEARING
REGISTRATION NO. KL-67 C- 7418
Exhibit P2 A TRUE COPY OF THE PROCEEDINGS THE 2ND
RESPONDENT DATED 30.03.2024 BEARING
NO. DCKTM/7960 (A)/2023-E1
REQUISITIONING VEHICLE BEARING
REGISTRATION NO. KL-67B-7418
Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT DATED 27.04.2024
BEARING NO. DCKTM/7960 (A)/2024-E1
Exhibit P4 A TRUE COPY OF THE REPRESENTATION
DATED 06.05.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPRESENTATION
DATED 25.06.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C) NO. 15620 OF
