Disposed

The Kaduthuruthy Urban Co-Op Bank NO.K-399, v. State of Kerala

Kerala HC17 Jan 2019WP(C)/951/2019

Case brief

AI extract

What is this about?

The High Court allowed the writ petition seeking videography of the cooperative bank election and voter identity verification. The Court directed the Returning Officer to consider the videography request favorably without disturbing voters and to verify identities to prevent impersonation.

What did the court decide?

Permission granted to videograph election process; Returning Officer directed to verify voter identities to prevent impersonation.

The Kaduthuruthy Urban Co-Op Bank NO.K-399, Vs State of Kerala — Election Law | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THURSDAY, THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940

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WP(C).No. 951 of 2019

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PETITIONERS:

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1 THE KADUTHURUTHY URBAN CO-OP BANK NO.K-399, KADUTHURUTHY, REPRESENTED BY ITS CHAIRMAN, SHRI.U.P.CHACKAPPAN, AGED 71, S/O.LATE PAILY, ULOTH HOUSE, PERUVA P.O., KOTTAYAM DISTRICT.

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2 U.P.CHACKAPPAN, AGED 71 YEARS, S/O.LATE PAILY, ULOTH HOUSE, PERUVA P.O., KOTTAYAM DISTRICT.

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BY ADVS. SRI.VARGHESE C.KURIAKOSE SMT.SEENU SADIQUE

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF COOPERATION, THIRUVANANTHAPURAM-695001.

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2 THE STATE COOPERATIVE ELECTION COMMISSION, TRIVANDRUM, REPRESENTED BY ITS SECRETARY, PIN-695001.

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3 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, O/O. THE ASST. REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, VAIKOM, KOTTAYAM DISTRICT-686321.

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4 THE OFFICE INSPECTOR/OFFICE SUPERINTENDENT, O/O. THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, VAIKOM, KOTTAYAM DISTRICT-686321.

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SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 951 OF 2019

JUDGMENT

The 1^st petitioner is a Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder and the 2^nd petitioner is the President of its Managing Committee. The petitioners have moved this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 4 or the concerned among them to provide videography of the polling scheduled on 27.01.2019 as per Ext.P1election notification dated 12.12.2018 of the 2^nd respondent State Co-operative Election Commission, to the Managing Committee of the 1^st petitioner Society, at Government Vocational Higher Secondary School, Kaduthuruthy, between 8.00 a.m to 5.00 p.m, till the polling and the counting of the votes is over as per the schedule, and results are declared. The petitioners have also sought for a declaration that respondents 2 to 4 are under an obligation to ensure that the members, who are issued with identity cards by the 1^st petitioner Society, are allowed to cast their votes in the election and further to record the casting of the votes by videography in order to ensure

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WPC 951 OF 2019 3

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transparency and genuine members of the Society alone are casting votes in the election scheduled to be held on 27.01.2019.

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On 11.01.2019, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.

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Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for the respondents.

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The learned Senior Government Pleader, on

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instructions, would submit that, based on Ext.P9 request made by the petitioners before the 3^rd respondent Electoral Officer with copy to the 4^th respondent Returning Officer, the 4^th respondent shall permit videography of the entire polling process in the election scheduled to be held on 27.01.2019 to the Managing Committee of the 1^st petitioner Society, at the expense of the 2^nd petitioner. The learned Senior Government Pleader would also submit that the 4^th respondent shall also ensure that there is no bogus voting by having the identity of the voters verified in terms of Form 6B register, the identity cards issued by the Co-operative

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WPC 951 OF 2019

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Bank and also the identity cards issued as per the Explanation to Rule 35A(6)(n)(ix)of the Kerala Co-operative Societies Act, 1969.

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Having considered the submissions made by the

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learned counsel on both sides, this writ petition is disposed of with the following directions:-

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(i) The request made in Ext.P9 to videograph the process of election shall be favourably considered by the 4^th respondent Returning Officer and the 2^nd petitioner shall be granted permission to videograph the process of election at his 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.

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ii) 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,

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WPC 951 OF 2019

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and any one of the documents specified in the Explanation to Rule 35A(6)(n)(ix) of the Kerala Co-

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operative Societies Rules, whenever dispute is raised regarding the identity of the voter.

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Sd/-

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ANIL K. NARENDRAN JUDGE

WPC 951 OF 2019

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE ORDER DATED 12.12.2018 OF THE STATE CO-OP. ELECTION COMMISSION.

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EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE NOTIFICATION DATED 12.12.2018 ISSUED BY THE 2ND RESPONDENT, STATE CO-OP. ELECTION COMMISSION.

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EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PUBLICATION EFFECTED IN MALAYALA MANORAMA. EXHIBIT P4 TRUE PHOTOSTAT COPY OF PUBLICATION EFFECTED IN MATHRUBHUMI.

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EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE FINAL VOTERS LIST AS PER ORDER DATED 05.01.2019.

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EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE LETTER OF PERMISSION DATED 31.10.2018 GIVEN BY THE HEADMISTRESS, GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, KADUTHURUTHY.

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EXHIBIT P7 TRUE PHOTOSTAT COPY OF PAPER REPORT APPEARING IN MALAYALA MANORAMA DAILY REGARDING KEEZHOOR SERVICE CO-OP. BANK ELECTION.

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EXHIBIT P8 TRUE PHOTOSTAT COPY OF APPLICATION DATED 02.01.2019 GIVEN BY THE PETITIONERS TO THE 2ND RESPONDENT ON 03.01.2019.

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EXHIBIT P9 TRUE PHOTOSTAT COPY OF APPLICATION DATED 03.01.2019 BEFORE THE 3RD RESPONDENT WITH COPY TO THE 4TH RESPONDENT.

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WPC 951 OF 2019

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EXHIBIT P10 TRUE PHOTOSTAT COPY OF JUDGMENT DATED 31.01.2014 IN W.P.(C) NO.3124/2014.

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

The Kaduthuruthy Urban Co-Op Bank NO.K-399, v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Kaduthuruthy Urban Co-Op Bank NO.K-399, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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