Disposed

Managing Committee of Nagaroor Service Co-Operative Bank Ltd. v. the Deputy Superintendent of Police

Kerala HC20 Dec 2018WP(C)/40922/2018

Case brief

AI extract

What is this about?

The High Court directed Police authorities and the Returning Officer to ensure smooth conduct of the Nagaroor Service Co-operative Bank election scheduled for January 2019, strictly adhering to the State Police Chief's circular regarding voter verification and permitting videography upon request.

What did the court decide?

Directed respondents to ensure smooth election conduct per State Police circular; permitted identity verification and videography of polls upon request.

Managing Committee of Nagaroor Service Co-Operative… — Writ and Judicial Review | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

THURSDAY,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940

¶5

WP(C).No. 40922 of 2018

¶6

PETITIONER:

¶7

MANAGING COMMITTEE OF NAGAROOR SERVICE CO-OPERATIVE BANK LTD.NO.T.219 REPRESENTED BY PRESIDENT, ALTHARAMOODU.P.O, THIRUVANANTHAPURAM-695102.

¶8

BY ADV. SRI.P.N.MOHANAN

¶9

RESPONDENTS:

¶10

1 THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL,THIRUVANANTHAPURAM-695101.

¶11

2 THE CIRCLE INSPECTOR OF POLICE, POLICE SUB DIVISION,ATTINGAL, THIRUVANANTHAPURAM-695101.

¶12

3 SUB INSPECTOR OF POLICE, NAGAROOR POLICE STATION,NAGAROOR, THIRUVANANTHAPURAM-695501.

¶13

4 RETURNING OFFICER TO NAGAROOR SERVICE CO-OPERATIVE BANK LTD.NO.T.219, (KILIMANOOR UNIT INSPECTOR), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,CHIRAYINKEEZHU, ATTINGAL.P.O, THIRUVANANTHAPURAM-695101.

¶14

SMT. SHEEJA C.S., SENIOR GOVERNMENT PLEADER

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No. 40922 of 2018

¶17

-2-

¶18

JUDGMENT

¶19

The petitioner, which is the Managing Committee of Nagaroor Service Co-operative Bank Limited, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to comply with the directions contained in Ext.P2 Circular No.28/2013 dated 20.11.2013 issued by the State Police Chief for ensuring smooth conduct of election to the Managing Committee of the Society, which is scheduled to be held on 13.01.2019 in terms of Ext.P1 election notification dated 23.11.2018 issued by the State Co-operative Election Commission and a further direction to the 4^th respondent Returning Officer to videograph the entire poling process till counting is over and to permit the voters who produces the identity card as provided in explanation to Rule 35A(6)(n)(ix) in addition to the identity card issued by the Society to exercise their voting right.

¶20

On 17.12.2018, when this writ petition came up

¶21

for admission, the learned Senior Government Pleader sought time to get instructions.

¶22

WP(C).No. 40922 of 2018

¶23

-3-

¶24

Heard the learned counsel for the petitioner and

¶25

also the learned Senior Government Pleader appearing for the respondents.

¶26

In support of the relief sought for in this writ petition, the learned counsel for the petitioner would place reliance on Ext.P6 judgment of this Court dated 25.07.2018 in W.P.(C)No.24649 of 2018, which was rendered in the context of Ext.P2 circular No.28/2013 dated 20.11.2013 issued by the State Police Chief, for ensuring smooth conduct of the election in the Co-operative Societies.

¶27

The learned Senior Government Pleader, on instructions, would submit that respondents 1 to 3 shall take necessary steps to ensure proper conduct of election to the Managing Committee of the petitioner Society, based on Exts.P3 to P5 representations, and taking note of Ext.P2 circular issued by the State Police Chief.

¶28

In such circumstances, this writ petition is disposed of by directing respondents 1 to 3 to ensure smooth conduct of election to the Managing Committee of the petitioner Society, which is scheduled to be held on

¶29

WP(C).No. 40922 of 2018

¶30

-4-

¶31

13.01.2019, strictly in accordance with the directions contained in Ext.P2 circular dated 20.11.2013 issued by the State Police Chief. The 4^th respondent Returning Officer shall ensure that there is no bogus voting or impersonation of voters, by having the identity of the voters verified with reference to the relevant records maintained in the Society, the identity card issued in Form 6A, and any one of the document specified in the Explanation to Rule 35A(6)(n)(ix) of the Kerala Co-operative Societies Rules, whenever dispute is raised regarding the identity of the voter.

¶32

If the President of the petitioner Society makes a request before the 4^th respondent Returning Officer to videograph the process of election, at his own expenses, the said request shall be favourably considered by the said respondent. Such videography shall be permitted without causing any manner of disturbance to the voters and officials and in any manner interfering with the balloting done in the polling booths.

¶33

Sd/- ANIL K.NARENDRAN JUDGE

¶34

bpr

¶35

WP(C).No. 40922 of 2018

¶36

-5-

¶37

APPENDIX

¶38

PETITIONER'S EXHIBITS:

¶39

EXHIBIT	P1 A TRUE COPY OF THE NOTIFICATION DATED BY THE ELECTION COM	ELECTION 23.11.2018 ISSUED MISSION.
EXHIBIT	P2 A TRUE COPY OF THE DATED 20.11.2013 IS POLICE CHIEF.	CIRCULAR NO.28/2013 SUED BY THE STATE
EXHIBIT	P3 A TRUE COPY OF THE 10.12.2018 SUBMITTE RESPONDENT	PETITION DATED D BY THE FIRST
EXHIBIT	P4 A TRUE COPY OF THE 10.12.2018 SUBMITTE RESPONDENT	PETITION DATED D BEFORE THE SECOND
EXHIBIT	P5 A TRUE COPY OF THE 10.12.2018 SUBMITTE RESPONDENT.	PETITION DATED D BEFORE THE THIRD
EXHIBIT	P6 A TRUE COPY OF THE 25.07.2018 IN W.P(C	JUDGMENT DATED )NO.24649/2018.
RESPONDE	NTS' EXHIBITS: NIL

¶40

//TRUE COPY//

¶41

P.A. TO JUDGE

Managing Committee of Nagaroor Service Co-Operative Bank Ltd. v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Managing Committee of Nagaroor Service Co-Operative Bank Ltd. v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kanjileri Thitheevi Vs Thirur Primary Co-Operative Agricultural and Rural Development Bank

Saji Andrews Vs Joint Regional Transport Officer

Nandan.P. Vs the Secretary

Madhu.K Vs the Secretary

Biju v. Vs Kerala Public Service Commission

Preetha.E.D Vs the Kerala Public Service Commission