Petitioner challenged the election management of a co-operative bank ahead of voting on 03.02.2019. The Court recorded the Returning Officer's submission that previous directions were being compliantly followed and disposed of the petition without further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
WP(C).No. 2881 of 2019
PETITIONER:
YATHEENDRADAS.P., PONNARASSERY HOUSE, PUNNA, CHAVAKKAD P.O., THRISSUR DISTRICT. BY ADVS. SRI.T.R.HARIKUMAR SRI.ADITHYA RAJEEV
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM -695 001.
2 THE ELECTORAL OFFICER, GURUVAYUR CO-OPERATIVE URBAN BANK LTD. NO. F. 1652, GURUVAYUR, THRISSUR DISTRICT - 680 101, (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHAVAKKAD).
3 THE RETURNING OFFICER, GURUVAYUR CO-OPERATIVE URBAN BANK LTD., NO. F. 1652, GURUVAYUR, THRISSUR - 680 101, (OFFICE INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHAVAKKAD).
4 THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD NO. F. 1652, REPRESENTED BY ITS GENERAL MANAGER-IN-CHARGE, GURUVAYUR, THRISSUR DISTRICT - 680 101.
BY ADV. SRI.JAIBY PAUL SRI K.P. HARISH, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)2881 OF 2019
JUDGMENT
The petitioner, who is a member and was the Chairman of the Managing Committee of the 4th respondent Bank, which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 and 3 to take necessary steps to prevent bogus voting in the election to the Managing committee of Guruvayur Co-operative Urban Bank Ltd No.F.1652, which is scheduled to be held on 03.02.2019, by ensuring that ballot paper is issued to the voters only on production of the identity card and another document of proof mentioned in the Explanation to Rule 35A(6)(n)(ix) of the Kerala Co-operative Societies Rules and on being satisfied regarding the identity of the voter and to permit the petitioner to videograph the election process as directed in Ext.P2 judgment.
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WP(C)2881 OF 2019
30.12.2018. Paragraph 6 of Ext.P2 judgment reads thus;
“6. Having considered the submissions made by the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents, this writ petition is disposed of with the following directions:-
(I) The 1st respondent Returning Officer shall ensure that there is no bogus voting or impersonation of voters in the election scheduled to be held on 30.12.2018, 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.
(ii) The request made in Ext.P2 to videograph the process of election shall be considered by the 1st respondent Returning Officer and the petitioner shall be granted permission to videograph the process of election at his own expenses. 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.
WP(C)2881 OF 2019 4
In the result, this writ petition is disposed of, recording the aforesaid submission made by the learned Senior Government Pleader on behalf of the 3rd respondent Returning Officer.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
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WP(C)2881 OF 2019
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE (1) 8844/2018/S.C. 9.11.2018. |
NOTIFICATION NO. E E.C. DATED |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE 17.12.2018 IN WPC |
JUDGMENT DATED NO. 40560 OF 2018. |
| EXHIBIT P3 | A TRUE COPY OF THE 23.1.2019 IN W.A. |
INTERIM ORDER DATED NO. 157 OF 2019. |
| EXHIBIT P4 | A TRUE COPY OF THE THE RETURNING OFFI |
NOTICE PUBLISHED BY CER DATED 25.1.2019. |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
3 issues framed by the court
Whether the respondents have complied with the previous court directions regarding prevention of bogus voting and permission to videograph the election.
Whether to grant any further directions to the respondents before the scheduled election on 03.02.2019.
Whether the petitioner is entitled to any further relief mandating specific voting procedures.
Yatheendradas P
The Kerala State Co-operative Election Commission
The Electoral Officer, Guruvayur Co-operative Urban Bank Ltd
The Returning Officer, Guruvayur Co-operative Urban Bank Ltd
The Guruvayur Co-operative Urban Bank Ltd No F 1652
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
