Decent Junction Service Co Operative Bank Ltd vs Sub Inspector Of Police Kottiyam Police Station Kollam District 691571

P.V.Kunhikrishnan, J

The above writ petition is filed with following prayers:

“i) to issue a writ of mandamus,or other appropriate writ, order or direction, directing respondents 1 to 3 to comply with the directions contained in Ext-P3 circular by ensuring smooth conduct of election to the Managing Committee of the The Decent Junction Service Co-operative Bank Ltd.No.Q133, scheduled to be held on 20-11-2022;

ii) to issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1 to 3 and 5 to take necessary steps to prevent bogus voting in the election to the managing committee of The Decent Junction Service Co- operative Bank Ltd.No.Q133, scheduled to be held on 20-11- 2022, by ensuring identity of the voters by comparing identity cards with Form 6B register before issuing ballot papers to the voters.

iii) to issue a writ mandamus or other appropriate writ, order or direction, directing respondents 1 to 3 to 5th respondent to ensure that ballot paper is issued to the voters only on production of the identity card and other document of proof mentioned in the Explanation to Rule 35 A (6) (n) (ix) of the KCS Rules and on being satisfied regarding the identity of the voter; and

iv) to dispense with the translation of the documents in the Vernacular Language.

(v)to grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of this case.” (sic)

The writ petition is filed for seeking police protection to take necessary steps to conduct the election to the Managing Committee of the Decent Junction Service Co-operative Bank scheduled to be held on 20.11.2022 and also to issue directions to the 5th respondent to take necessary steps to prevent bogus voting in the election to the managing committee of the above mentioned bank.

Heard the counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 5.

After hearing both sides, I think the prayer in this writ petition can be allowed. Admittedly an election is scheduled to be conducted on 20.11.2022. It is the duty of the police to take necessary action to maintain law and order situation. It is also the duty of the 5th respondent to see that there is no bogus voting in the election.

Therefore, this writ petition is allowed in the following manner:

There will be a direction to respondents 1 and 2 to take necessary steps to ensure the smooth conduct of the election to the managing committee of the Decent Junction Service Co-operative Bank Ltd. No.Q133 scheduled to be held on 20.11.2022.

There will be a direction to the 5th respondent to take necessary steps to prevent bogus voting in the election to the managing committee of the Decent Junction Service Co-operative Bank Ltd. No.Q133 scheduled to be held on 20.11.2022 by ensuring identity of the voters by comparing identity cards with Form 6B register before issuing ballet paper to the voters.