K.Balan Vs. the State Co-opertive Election Commission - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015707
CourtKerala High Court
Decided OnAug-05-2013
JudgeHONOURABLE MR.JUSTICE S.SIRI JAGAN
AppellantK.Balan
RespondentThe State Co-opertive Election Commission
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice s.siri jagan & the honourable mr. justice k.ramakrishnan monday, the 5th day of august 2013 14th sravana, 1935 wp(c).no. 19067 of 2013 (g) ---------------------------- petitioner(s): ------------------------ 1. k.balan aged 6 years s/o.chathu, chairman janakeeya ksheera karshaka munnani, vakayad post vakayad, pin-673 614, kozhikode district.2. hareendrababu.p aged 5 years s/o.kunhiraman, parakkal, vakayad post naduvannur, kozhikode district. by advs.sri.k.p.sudheer sri.arun mathew vadakkan respondent(s): ---------------------------- 1. the state co-opertive election commission co-bank towers, vikas bhavan post thiruvananthapuram-695 033 represented by its secretary.2. the sub inspector of police balussery police station, balussery-673 612 kozhikode district.3. vakayad ksheerolpadaka sahakarana sangham no.d 139(d) apcos vakayad post, pin-673 614, kozhikode district.4. the returning officer (dairy farm instructor, balussery) vakayad ksheerolpadaka sahakarana sangham no.d 139(d) apcos vakayad post, pin-673 614, kozhikode district. government pleader sri.muhammed sha.p.a this writ petition (civil) having come up for admission on 05-08- 2013, the court on the same day delivered the following: wp(c).no. 19067 of 2013 (g) ---------------------------- appendix petitioner(s)' exhibits ------------------------------------- p1- true copy of election notification dated 02 07.2013 issued by the 4th respondent concerning election to the managing committee of 2nd respondent sangham. p2- true copy of petition dated 25 7.2013 submitted by the ist petitioner before the 2nd respondent. p3- true copy of acknowledgment receipt dated 27 7.2013 issued by the office of the 2nd respondent. respondent(s)' exhibits --------------------------------------- nil. sd/- s.siri jagan, judge sdk+ ///true copy/// p.a. to judge. s.siri jagan & k.ramakrishnan, jj.================== w.p.(c). no. 19067 of 2013 ================== dated this the 5th day of august, 2013 judgment s.siri jagan, j.: the petitioners are members of the 3rd respondent co- operative society. the election to the managing committee of the 3rd respondent-society is scheduled to be held on 7.8.2013. the petitioners apprehend disturbances in the election process at the instance of interested parties. the petitioners, therefore, seek the following reliefs: "(a) issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to grant adequate and necessary police protection for the smooth conduct of election to the managing committee of the 3rd respondent sangham scheduled to be held on 7.8.2013. (b) direct the 4th respondent to take necessary steps to prevent bogus voting by comparison of the identity card of the voters with the form 6b register, in cases where the identity of the voter is disputed." 2. on 31.7.2013, we directed the learned government pleader to get instructions as to whether there is any likelihood of disturbance in the election warranting police protection. today the learned government pleader submits that the 4th respondent-returning officer has already requested the police for w.p.c.19067/13 - :2. :- appropriate police assistance to conduct the election. in the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to afford adequate police protection for the smooth conduct of the election to the managing committee of the 3rd respondent society as per the request of the 4th respondent. sd/- s.siri jagan, judge sd/- sdk+ k.ramakrishnan, judge ///true copy/// p.a. to judge.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE 5TH DAY OF AUGUST 2013 14TH SRAVANA, 1935 WP(C).No. 19067 of 2013 (G) ---------------------------- PETITIONER(S): ------------------------ 1. K.BALAN AGED 6 YEARS S/O.CHATHU, CHAIRMAN JANAKEEYA KSHEERA KARSHAKA MUNNANI, VAKAYAD POST VAKAYAD, PIN-673 614, KOZHIKODE DISTRICT.

2. HAREENDRABABU.P AGED 5 YEARS S/O.KUNHIRAMAN, PARAKKAL, VAKAYAD POST NADUVANNUR, KOZHIKODE DISTRICT. BY ADVS.SRI.K.P.SUDHEER SRI.ARUN MATHEW VADAKKAN RESPONDENT(S): ---------------------------- 1. THE STATE CO-OPERTIVE ELECTION COMMISSION CO-BANK TOWERS, VIKAS BHAVAN POST THIRUVANANTHAPURAM-695 033 REPRESENTED BY ITS SECRETARY.

2. THE SUB INSPECTOR OF POLICE BALUSSERY POLICE STATION, BALUSSERY-673 612 KOZHIKODE DISTRICT.

3. VAKAYAD KSHEEROLPADAKA SAHAKARANA SANGHAM NO.D 139(D) APCOS VAKAYAD POST, PIN-673 614, KOZHIKODE DISTRICT.

4. THE RETURNING OFFICER (DAIRY FARM INSTRUCTOR, BALUSSERY) VAKAYAD KSHEEROLPADAKA SAHAKARANA SANGHAM NO.D 139(D) APCOS VAKAYAD POST, PIN-673 614, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.MUHAMMED SHA.P.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19067 of 2013 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF ELECTION NOTIFICATION DATED 02 07.2013 ISSUED BY THE 4TH RESPONDENT CONCERNING ELECTION TO THE MANAGING COMMITTEE OF 2ND RESPONDENT SANGHAM. P2- TRUE COPY OF PETITION DATED 25 7.2013 SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT. P3- TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED 27 7.2013 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. Sd/- S.SIRI JAGAN, JUDGE sdk+ ///True copy/// P.A. To Judge. S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.

================== W.P.(C). No. 19067 of 2013 ================== Dated this the 5th day of August, 2013 JUDGMENT

S.Siri Jagan, J.: The petitioners are members of the 3rd respondent co- operative society. The election to the managing committee of the 3rd respondent-society is scheduled to be held on 7.8.2013. The petitioners apprehend disturbances in the election process at the instance of interested parties. The petitioners, therefore, seek the following reliefs: "(a) issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to grant adequate and necessary police protection for the smooth conduct of election to the managing committee of the 3rd respondent Sangham scheduled to be held on 7.8.2013. (b) direct the 4th respondent to take necessary steps to prevent bogus voting by comparison of the identity card of the voters with the Form 6B register, in cases where the identity of the voter is disputed." 2. On 31.7.2013, we directed the learned Government Pleader to get instructions as to whether there is any likelihood of disturbance in the election warranting police protection. Today the learned Government Pleader submits that the 4th respondent-returning officer has already requested the police for w.p.c.19067/13 - :

2. :- appropriate police assistance to conduct the election. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to afford adequate police protection for the smooth conduct of the election to the managing committee of the 3rd respondent society as per the request of the 4th respondent. Sd/- S.SIRI JAGAN, JUDGE Sd/- sdk+ K.RAMAKRISHNAN, JUDGE ///True copy/// P.A. To Judge.