Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE20H DAYOF FEBRUARY20141ST PHALGUNA, 1935 WP(C).No. 5137 of 2014 (N) --------------------------- PETITIONER(S): -------------------------- ADMINISTRATIVE COMMITTEE OF THE CHALAKKUDY URBAN CO-OPERATIVE BANK LTD.NO.R.1087, REPRESENTED BY ITS CONVENOR, SOUTH CHALAKUDY PO, THRISSUR DISTRICT - PIN - 680 307. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ---------------------------- 1. THE ELECTORAL OFFICER, CHALAKUDY URBAN CO-OPERATIVE BANK LTD.NO.R.1087, SOUTH CHALAKUDY PO, THRISSUR. (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MUKUNDAPURAM).
2. THE RETURNING OFFICER, CHALAKUDY URBAN CO-OPERATIVE BANK LTD.N.R.1087, SOUTH CHALAKUDY PO, THRISSUR. (SPECIAL SALE OFFICER OF THE IRINJALAKUDA TOWN CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MUKUNDAPURAM).
3. STATE CO-OPERATIVE ELECTION COMMISSION, CO-BANK TOWERS, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS SECRETARY.
4. CHALAKUDY URBAN CO-OPERATIVE BANK LTD.NO.R1087 REPRESENTED BY ITS SECRETARY, SOUTH CHALAKUDY PO, THRISSUR DISTRICT - PIN - 680 307.
5. THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THRISSUR DISTRICT - 680 307.
6. THE CIRCLE INSPECTOR OF POLICE, CHALAKUDY,THRISSUR DISTRICT - 680 307.
7. THE DEPUTY SUPERINTENDENT OF POLICE, CHALAKUDY,THRISSUR DISTRICT- 680 307. R1 TO R3, R5 TO R7 BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5137/2014 (N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF THE ELECTION NOTIFICATION NO.E.(1)/2581/2013/ S.C.E.C. DTD. 04/10/2013. EXHIBIT P2: COPY OF THE INTERIM ORDER
DTD. 23/01/2014 IN WRIT APPEAL NOS.1824 OF2013 1852 OF 2013 AND1857OF2013 EXHIBIT P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE2D RESPONDENT DTD. 18/02/2014. EXHIBIT P4: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE5H RESPONDENT DTD. 19/02/2014. EXHIBIT P5: COPY OF THE JUDGMENT
DTD. 17/10/2013 IN WPC.NO.24603/2013. EXHIBIT P6: COPY OF THE JUDGMENT
DTD. 06/02/2014 IN WPC.NO.3814 OF2014 RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.Vinod Chandran, J.
------------------------------ W.P.(C).No.5137 of 2014-N ------------------------------ Dated this the 20th day of February, 2014 JUDGMENT
The petitioner is a member of the Administrative Committee of the Chalakudy Urban Co-operative Bank Ltd. No.R1087which election is to be conducted on 22.2.2014. The petitioner apprehends that there would be impersonation in the elections as also disruption of the election by anti-social elements.
2. It is trite that when disputes are raised with respect to the identity of any voter, the Returning Officer should verify the same with the Form No.6B register, maintained by the Society. Definitely this course should be proceeded with by the Returning Officer' however, only in instances of disputes being raised. W.P(C) No.5137/2014 ::2::
3. The next prayer is for providing necessary police protection for the smooth conduct of elections. A Division Bench of this Court in Stanely Raj.H. v. Sub Inspector of Police [ILR2014(1) Kerala 324] held that the jurisdictional police has to keep a vigil on the conduct of Co-operative Society elections and if an apprehension of disruption is raised, then necessarily protection ought to be provided. Necessary directions were also issued by the Division Bench, which have to be complied with by the jurisdictional police. With the above observations, the writ petition is disposed of. Sd/- K.VINOD CHANDRAN, Judge jma //true copy// P.A to Judge