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Judgment
Petitioner is a primary society. Election to the governing body of the society is proposed to be held on 14.03.2021. It is stated that, election is a hotly contested one, since some of the prominent leaders of both fronts are in the fray. It is alleged that, large number of identity cards have been printed for the purpose of being used in the election and for impersonation. It was also stated that, one of the front has taken a decision to wrest power by resorting to violence. Hence, society has approached this Court for a direction to the police to implement Ext.P5 circular in letter and spirit and for other directions.
Heard the learned counsel for the petitioner and learned Senior Government Pleader.
Petitioner has a anxiety that, there is a likelihood of impersonation and it may affect the election process. Having considered this, learned counsel for the petitioner specifically insisted for a direction that the identity of the voters shall be checked up with reference to form-6B register maintained in the society. Since this is a statutory mandate, I do not feel that, there should be a separate direction for that.
In the light of the apprehension raised by the petitioner, I am inclined to dispose of the Writ Petition with the following directions.
(i) First and second respondents shall ensure that the directions contained in Ext.P5 circular No.28/2013 dated 20.01.2013 issued by the State Police Chief are implemented to ensure that the elections to the managing committees of petitioner society conducted smoothly without any disturbances to the law and order.
(ii) In case of specific complaint by the Returning Officer/Electoral Officer, it shall be specifically attended to by the first respondent.
(iii) The entire process of elections, polling booths as well as its premises shall be videographed by a videographer to be arranged by the society, at the expense of the society.
(iv) However, videographer shall be directly under the control and directions of the Returning Officer and regarding it, videographer shall not receive instructions from any other person.
(v) Videography shall cover election process, the rooms and also the premises strictly ensuring that the confidentiality of the election and secrecy of the voting is not interfered with.
(vi) First respondent shall inform the Sectoral Magistrate, who shall ensure that COVID-19 protocol is strictly adhered to.
Writ Petition is disposed of as above.