Kerala High Court
Thampi K. Varghese vs The Inspector Of Police on 24 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:71155
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024/ 2ND ASWINA, 1946
WP(C) NO. 33394 OF 2024
PETITIONER:
THAMPI K. VARGHESE
AGED 74 YEARS
S/O.VARGHESE, KUNNATH HOUSE,
PEROOR P.O., ETTUMANOOR,
KOTTAYAM DISTRICT., PIN - 686637
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
SIBY CHENAPPADY
AIBEL MATHEW SIBY
ELANA ROSE SIBY
RESPONDENTS:
1 THE INSPECTOR OF POLICE
ETTUMANOOR POLICE STATION,
KOTTAYAM DISTRICT., PIN - 686509
2 THE DISTRICT POLICE CHIEF
COLLECTORATE P.O, KOTTAYAM DISTRICT,
PIN - 686001
3 THE ELECTORAL OFFICER
PEROOR VILLAGE SERVICE CO-OPERATIVE BANK LTD
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WP(C) NO.33394 OF 2024
2
NO.76,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KOTTAYAM,
KOTTAYAM DISTRICT, PIN - 686001
4 THE RETURNING OFFICER
PEROOR VILLAGE SERVICE CO-OPERATIVE BANK LTD
NO.76,
(OFFICE INSPECTOR, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KOTTAYAM, KOTTAYAM DISTRICT),
PIN - 686001
5 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM., PIN - 695033
6 THE PEROOR VILLAGE SERVICE CO-OPERATIVE BANK
LTD NO.76
REPRESENTED BY ITS SECRETARY,
PEROOR P.O, KOTTAYAM DISTRICT.,
PIN - 686637
SMT.SHEEJA C.S.,SR.GOVERNMENT PLEADER
SRI.C.M.NAZAR,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.33394 OF 2024
3
JUDGMENT
Dated this the 24th day of September, 2024
The petitioner is a member of the 6th respondent-
Society registered under the Kerala Co-operative Societies
Act and Rules. Election to the Managing Committee of the
6th respondent-Society is scheduled to be held on
29.09.2024.
2. The petitioner submits that a direction may be
issued to respondents 1 and 2 to comply with the directions
contained in Ext.P9 Circular by ensuring smooth conduct of
election to the Managing Committee of the 6th respondent-
Society and a direction to respondents 3 and 4 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
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the Kerala Co-operative Societies Rules and also that a
direction may be issued regarding videography of the entire
process. Counsel appearing for the petitioner submits that in
similar matters, this Court has issued orders, and refers to
Ext.P10 judgment in W.P(C) No.28668 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 3 to
5 submitted that ballot papers are serially numbered and in
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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
established procedure.
5. Government Pleader appeared for respondents 1
and 2 and the Standing Counsel appeared for respondents
3 to 5. They submitted that direction similar to the one
issued in Ext.P10 can be issued in the matter of election to
the 6th respondent-Society.
6. I have heard the learned Counsel appearing for
the petitioner, the learned Government Pleader representing
respondents 1 and 2 and the learned Standing Counsel
representing respondents 3 to 5.
7. Taking into consideration the afore facts, I am of
the view that the writ petition can be disposed of with
appropriate directions.
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The writ petition is therefore disposed of directing that
respondents 3 to 5 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 1 and 2 to provide adequate police protection
to maintain law and order for the smooth conduct of the
election to the 6th respondent-Society. The petitioner shall
be permitted to videograph the entire election process under
the supervision of the 4th 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
hmh
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APPENDIX OF WP(C) 33394/2024
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ELECTION
NOTIFICATION NO.OL/1001/2024/
E(2) S.C.E.C DATED 21-08-2024 ISSUED
BY THE 5TH RESPONDENT
Exhibit-P2 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 20-09-2024
Exhibit-P3 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 20-09-2024
Exhibit-P4 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 20-09-2024
Exhibit-P5 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 20-09-2024
Exhibit-P6 A TRUE COPY OF THE ESTIMATE SUBMITTED
BY DEEPAK PHOTOGRAPHY DATED 20-09-2024
Exhibit-P7 A TRUE COPY OF THE ESTIMATE SUBMITTED
BY ANZ MEDIA HUB DATED 20-09-2024
Exhibit-P8 A TRUE COPY OF THE ESTIMATE SUBMITTED
BY SJ CREATION DATED 19-09-2024
Exhibit-P9 A TRUE COPY OF THE CIRCULAR NO.28/2013
DATED 20-11-2013 ISSUED BY THE STATE
POLICE CHIEF
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Exhibit-P10 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.28668 OF 2024 DATED 13-08-2024 OF
THIS HON'BLE COURT
