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Judgment
N.Nagaresh, J
The petitioners, who are candidates for election to the Board of Directors of the 4th respondent-Co-operative Bank scheduled to be held on 28.05.2023, have approached this Court seeking to direct respondents 1 to 3 to afford adequate police protection to the petitioners and the voters for the free and fair conduct of election to the Board of Directors of the 4th respondent-Bank, which is to be held at Vazhappally St.Theresas, Higher Secondary School, Vazhappally, Changanacherry.
The petitioners submit that they are candidates for election to the Board of Directors of the 4th respondent-Bank. In the previous years, the members of the rival front had created law and order problems and the candidates were beaten up. Taking into consideration the past experience, unless the police give sufficient protection for the smooth and peaceful conduct of the election, the due democratic process is likely to be scuttled.
Counsel for the petitioners submitted that as per Clause 8 of Ext.P1, only persons holding Identity Cards issued by the Co-operative Society and the Election Commission’s Voters Identity Card/ Aadhaar Card/ Ration Card/ Driving licence/ Identity Card issued by the Employer/ Identity Cards approved by the Election Commission of the Co-operative Societies, are eligible to cast their votes.
Government Pleader entered appearance on behalf of respondents 1 to 3, 5 and 6 and submitted that since election is to a Co-operative Bank and as election to Co-operative Institutions are normally contested on political lines, in the ordinary course, the police will be deploying sufficient personnel for the smooth and peaceful conduct of the election. If any law and order problem arises during the election, respondents 1 to 3 are bound to take appropriate action.
I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 3, 5 and 6 and the learned Standing Counsel representing the 4th respondent.
From the pleadings it is discernible that election to the Board of Directors of the 4th respondent-Vazhappally Service Co-operative Bank Limited No.K.108 is scheduled to be held on 28.05.2023 as per Ext.P1 Election Notification dated 19.04.2023. 28.05.2023 is the date of polling as notified in Ext.P1.
Taking into consideration the previous instances pointed out by the petitioners, this Court is of the view that respondents 1 to 3 shall extend sufficient police protection for smooth conduct of the election to the 4th respondent’s Director Board.
The writ petition is accordingly disposed of directing respondents 2 and 3 to give adequate protection for the smooth conduct of the election to the Board of Directors of the 4th respondent-Bank on 28.05.2023, during election hours as well as during counting of the votes. If the petitioners offer payment, the 6th respondent-Returning Officer shall arrange videography of the entire election process.