Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 CON.CASE(C) NO. 2598 OF 2023 AGAINST THE JUDGMENT IN WP(C) NO.35079 OF 2023 OF HIGH COURT OF KERALA PETITIONERS/WRIT PETITIONERS: 1 B PRASADKUMAR AGED 51 YEARS S/O, K. BHASKARAN PILLAI, SANTHOSH BHAVANAM (SABAREESHAM), THATTAYIL P.O, MALLIKA, ADOOR. PATHANAMTHITTA DISTRICT., PIN - 691525 2 MANOJ KN AGED 41 YEARS S/O, C. NARAYANAN, THAITHONDALIL VADAKKETHIL, THATTAYIL P.O., MALLIKA, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691525 BY ADVS. ARUN CHANDRAN HARIMOHAN ANJALY T.A ASWATHY S MENON RESPONDENT/RESPONDENTS 2 AND 3: 1 ANIL. K AGED 43 YEARS S/O OMANA K,[ELECTORAL OFFICER APPOINTED FOR THE PURPOSE OF CONDUCTING ELECTIONS TO THE PANDALAM THEKKEKKARA SERVICE COOPERATIVE BANK LIMITED NO. 329], ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL], OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL], ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523 2 ANU KRISHNAN KG AGED 34 YEARS W/O SREEJITH MG, [RETURNING OFFICER APPOINTED FOR THE PURPOSE OF CONDUCTING ELECTIONS TO THE PANDALAM THEKKEKKARA SERVICE COOPERATIVE BANK LIMITED NO. 329], UNIT INSPECTOR [PANDALAM UNIT], OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL], ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523 SRI.C.M. NAZAR, STANDING COUNSEL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 1st day of March, 2024 This Court passed an interim order on 26.10.2023 in W.P.(C) No.35079/2023 directing to permit videography of the election process at the expense of the petitioner under the supervision of the Returning Officer. As regards polling, this Court directed that the election should be conducted in strict compliance with the mandate of the Rules. Alleging violation of the said interim order, this Contempt of Court Case is filed.
2. Counsel for the petitioner would submit that though videography is permitted, the election was not conducted in strict compliance with the mandates of the Rules.
3. Taking into consideration the fact that the videography is permitted and taking into consideration the
further fact that the writ petition from which the interim order
passed is pending and that other questions can be answered in the writ petition, I do not deem it necessary to prosecute this Contempt of Court Case. I find that there is substantial compliance of the directions in the interim order. The Contempt of Court Case is therefore closed. It is made clear that the petitioner will be at liberty to agitate the
issues of violation of the rules and violation of the interim order
in the pending writ petition. Sd/- N.NAGARESH JUDGE spk APPENDIX OF CON.CASE(C) 2598/2023 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY INTERIM ORDER PASSED BY THIS HONOURABLE COURT ON 26.10.2023, IN WRIT PETITION [CIVIL] NO. 35079 OF 2023 [H].
Annexure 2 PHOTOCOPY OF AN IDENTITY CARD WHICH WAS
COMPLAINED AND CHALLENGED BY THE
PETITIONERS BEFORE THE RESPONDENT
OFFICERS ON THE DATE OF POLLING[29.10.2023]. Annexure 3 PHOTOCOPY OF THE DELEGATE CARD ISSUED TO THE AFORESAID SHAMEER BY THE DYFI AS A DELEGATE TO THE STUDY CAMP ORGANISED BY THE DYFI AT ADOOR ON 3RD AND 4TH OF DECEMBER, 2022. Annexure 4 PHOTOCOPY OF THE IDENTITY CARD PRODUCED BY THE AFORESAID PRADEEP, IMPERSONATING AS MR. MURALEEDHARA KURUP. Annexure 5 TRUE COPY OF THE RELEVANT PAGE OF THE ELECTORAL ROLL OF ADOOR LEGISLATIVE ASSEMBLY CONSTITUENCY [115 ADOOR LAC [SC]] CONTAINING THE NAME AND PARTICULARS OF THE ABOVE SAID PRADEEP.
Annexure 6 TRUE COPY OF THE COMPLAINT SUBMITTED BY Annexure 7 TRUE COPY OF THE COMPLAINT SUBMITTED BY Annexure 8 TRUE COPY OF THE COMPLAINT SUBMITTED BY
Annexure 9 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER TO THE RETURNING OFFICER DATED 28.10.2023. Annexure 10 TRUE COPY OF THE NEWSPAPER/ MEDIA REPORTS DATED 30.10.2023.