High CourtsSingle Bench(2023) 01 KL CK 0255

Venkurinji Service Co Operative Bank Ltd vs Station House Officer, Vechoochira Police Station, Pathanamthitta District 686 510

High Court Of Kerala · Decided on 30 January 2023

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2961 Of 2023

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Judgment

4 paragraphs · 322 words

Gopinath P, J

1.

The petitioner is a society registered under the Kerala Co-operative Societies Act and Rules. The election to the managing committee of the petitioner society is scheduled to be held on 04.02.2023. The petitioner submits that a direction may be issued to the Returning Officer to strictly comply with the provisions of Rule 35A(6)(n)(ix) of the Kerala Co-operative Societies Rules and also that a direction may be issued regarding video graph of the entire process. A further direction is sought to respondents 1 and 2 to ensure that sufficient police protection is provided for conduct of the election, in accordance with law. The learned counsel submits that in similar matters, this Court has issued orders and refers to Ext.P7 interim order in W.P(C)No.39713 of 2022.

2.

The learned Government Pleader appears for respondents 1 and 2. Standing Counsel appears for respondents 3, 4 and 5. They submit that direction similar to the one issued in Ext.P7 can be issued in the matter of election to the petitioner society.

Having  heard  the  learned  counsel  appearing  for  the petitioner, the learned Government Pleader appearing for respondents 1 and 2 and the learned Standing Counsel appearing for respondents 3 to 5, this writ petition will stand disposed of directing that respondents 3, 4 and 5 shall ensure that the election is conducted strictly in compliance with the provisions contained in Rule 35A(6)(n)(ix) of the Kerala Co-operative Societies Rules. There will be a further direction to respondents 1 and 2 to provide adequate police protection to maintain law and order for the smooth conduct of the election to the petitioner society. The petitioner shall be permitted to video graph the entire election process under the supervision of the Returning Officer and in a manner ensuring that the secrecy of polling is not affected in any manner. The expenses for providing police protection and for video graphing shall be met by the petitioner society.