Partly allowed

C. Soman, v. State Co-Operative Election Commission

Kerala HC5 Feb 2021WP(C)/1655/2021

Case brief

AI extract

What is this about?

A common judgment heard two writ petitions challenging the conduct of an election for a cooperative society managing committee. The Court dismissed the petition regarding incorrect voter list sizes but directed videography of the election process at the petitioners' cost.

What did the court decide?

Petition W.P(C).No.1655 dismissed; W.P(C).No.2005 disposed of with direction to videograph the election at petitioners' expense.

C. Soman, Vs State Co-Operative Election Commission — Cooperative Societies | Kerala HC (2021)

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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 SUNIL THOMAS

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FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

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WP(C).No.1655 OF 2021(F)

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PETITIONERS:

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1 C. SOMAN, AGED 55 YEARS NITHEESH BHAVAN, MARAYAMUTTOM P.O. PERUMKADAVILA, THIRUVANANTHAPURAM

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2 MANOJ KUMAR V.R, MANU BHAVAN, MANNUR, MARAYAMUTTOM, THIRUVANANTHAPURAM

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BY ADVS. SRI.B.S.SWATHI KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI

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RESPONDENTS:

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1 STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

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2 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), ELECTION TO THE MANAGING COMMITTEE OF MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD, 984, MARAYAMUTTOM P.O.NEYYATTINKARA, THIRUVANANTHAPURAM-695 124.

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3 THE RETURING OFFICER, NEYYATTINKARA UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NEYYATTINKARA-ELECTION TO THE MANAGING COMMITEE OF MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD NO 984, MARAYAMUTTOM P.O. NEYYATTINKARA, THIRUVANANTHAPURAM-695 124.

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4 MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD NO 984, MARAYAMUTTOM P.O.NEYYATTINKARA, THIRUVANANTHAPURAM695 124, REPRESENTED BY ITS SECRETARY

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W.P(C).1655 and 2005 of 2021

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5 THE PART-TIME ADMINISTRATOR, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD NO 984, MARAYAMUTTOM P.O. NEYYATTINKARA, THIRUVANANTHAPURAM-695 124.

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6 H.STEPHEN, KANAKUNDATH VADAKKEKARA PUTHEN VEEDU, MARAYAMUTTOM P.O. NEYYATTINKARA, THIRUVANANTHAAPURAM-695 124.

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7 SANTHOSH KUMAR, MEKKONAM, KIZHAKKUMKARA, VADAKKARUKATH, CHULLIYOOR, MARAYAMUTTOM P.O. THIRUVANANTHAPURAM-695 124.

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R1 BY ADV. SRI.R.LAKSHMI NARAYAN R4-5 BY ADV. SRI.M.SASINDRAN

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OTHER PRESENT:

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SR.GP K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0302-2021, ALONG WITH WP(C).2005/2021(A), THE COURT ON 05-02-2021 DELIVERED THE FOLLOWING:

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W.P(C).1655 and 2005 of 2021

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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 SUNIL THOMAS

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FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

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WP(C).No.2005 OF 2021(A)

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PETITIONERS:

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1 GOPAKUMAR K.P AGED 54 YEARS KESAVA VILASAM, MANNUR, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM.

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2 B.SUKUMARAN NAIR, RAMESH BHAVAN, THATHIYOOR, MANCHAVILAKAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM.

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3 Y.C.WILSON, WILSVIHAR, MANALUVILA, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM.

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BY ADVS.

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SRI.B.S.SWATHI KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI

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RESPONDENTS:

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1 THE SUB DIVISIONAL MAGISTRATE THIRUVANANTHAPURAM-695001.

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2 THE RETURNING OFFICER/NEYYATTINKARA UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA - ELECTION TO THE MANAGING COMMITTEE OF MARAYAMUTTOM SERVICE COOPERATIVE BANK LTD. NO.984, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695124.

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3 STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.

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W.P(C).1655 and 2005 of 2021

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4 MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD. NO.984, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695124, REPRESENTED BY ITS SECRETARY-IN-CHARGE.

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5 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), ELECTION TO THE MANAGING COMMITTEE OF MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD. NO.984, MARAYAMUTTOM P.O.,

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NEYYATTINKARA, THIRUVANANTHAPURAM-695124.

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R4 BY ADV. SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0302-2021, ALONG WITH WP(C).1655/2021(F), THE COURT ON 05-02-2021 DELIVERED THE FOLLOWING:

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W.P(C).1655 and 2005 of 2021

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COMMON JUDGMENT

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Petitioners in both the writ petitions are the members of the 4^th respondent/Co-operative Society.

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The election to the managing committee of the 4^th respondent is proposed to be held on 07.02.2021, as per notification dated 11.12.2020. Petitioners in W.P(C).No.2005 of 2021 have submitted their nominations to contest to the post of the managing committee. The grievance of the petitioners in W.P.(C) No.2005 of 2021 is that, Electoral Officer has published the voters list in violation of the various decisions of this Court. According to the petitioners, consequently there is a possibility of bogus voting in the election. There is further allegation that, several identity cards have been issued to persons who are not members and duplicate identity cards have been issued to several persons. This may cause widespread bogus voting in the election, it is argued. Hence in W.P(C).No.2005 of 2021, petitioners seek direction to the Electoral Officer to take necessary steps to prevent bogus voting in the election by allowing voters to enter the polling venue and issue ballot papers, only after verifying the identity card (both old and new) issued by the society and also comparing it with Form 6B register and also after production of the other identity cards mentioned in Ext.P1 notification. Petitioners also sought for appointment of an Advocate Commissioner to

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W.P(C).1655 and 2005 of 2021

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oversee the conduct of election and also to videograph the entire process of election.

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In W.P(C).No.1655 of 2021, there is a further grievance that, electoral list is prepared not in accordance with the directions of this Court. According to them, When the electoral list was originally published on 23.09.2018, number of voters were 3961.When Ext.P9 final voters list was published, it contained the names of 4236 members, instead of 3961 members. Hence, it was prayed that the election scheduled as per Ext.P8 was to be held with 3961 members in the voters list.

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Election Commission has filed a detailed statement, wherein, it is stated that, Division Bench of this court in Writ Appeal.Nos.1881 of 2019 and 1891 of 2019 had directed the Electoral Officer to finalize the voter's list after due notice to all the members who have already submitted objections to the preliminary voters list, in accordance with the directions issued by this Hon'ble Court in W.P(C).No.16518 of 2019. Following the amended notification dated 11.12.2020, Electoral Officer issued notice to all the 134 members to appear for hearing for publishing the final voters' list. Electoral Officer by communication dated 20.01.2021 had reported that, all the objections were heard and considered on 08.01.2021 and final voters' list has been published as directed by the Court. According to the Election Commission, it was in compliance with the directions of this Court in the above Writ Appeals and also in W.P(C).No.16518 of 2019.

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W.P(C).1655 and 2005 of 2021

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Having considered the above reply, I find no reason to give a direction as sought in W.P(C).No.1655 of 2021. Necessarily, Writ Petition is liable to be dismissed. On the same premise,I am not inclined to consider the objections regarding the electoral list, raised in W.P.(C) No.2005/2021.

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However, regarding the conduct of election and the anxiety regarding the bogus voting, I feel that, Election Commission is sufficiently competent and independent to ensure that, election is conducted smoothly and fairly. Director General of Police has also issued circular that, in case of Co-operataive societies election, police has a duty to ensure that, no law and order situation arises and to ensure that, election is conducted in a smooth and fair manner. Accordingly, it will be within the discretion of the Returning Officer to ensure that, election is conducted properly, smoothly and freely and in case of any anticipated law and order situation, to solicit the assistance of SHO concerned.

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In the light of the above and the nature of allegations raised, I do not feel that this is an appropriate case for appointing an Advocate Commissioner to oversee the overall conduct of the election. No new direction is issued except reminding the Returning Officer to ensure that election is conducted strictly in accordance with the notification and the Rules.

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However, there will be a direction to videograph the entire election process at the polling venue and also in the premises of the polling booths to ensure that election process is completed smoothly.

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W.P(C).1655 and 2005 of 2021

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Videographing should be done strictly under the directions of the Returning Officer and at the expense of the petitioners. However, it shall be ensured that the process of videographing does not in any manner affect the smooth and fair conduct of the election, as well as the confidentiality of casting of votes by the electorate, is protected.

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W.P(C).No.2005 of 2021 is accordingly disposed of. W.P(C).No.1655

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of 2021 is dismissed.

Sd/-

SUNIL THOMAS

Sbna/

JUDGE

W.P(C).1655 and 2005 of 2021

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APPENDIX OF WP(C) 1655/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 1ST AND LAST PAGES OF THE VOTERS LIST OF THE 4TH RESPONDENT
EXHIBIT P2	TRUE COPY OF THE NOTICE NO NEYY.1134/19
	DATED 29.6.2019 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3	TRUE COPY OF THE ORDER NO E920
	4478/2019/SCEC DATED 2.7.2019 OF THE 1ST RESPONDENT
EXHIBIT P4	TRUE COPY OF THE ORDER IN WPC NO 18549/2019 DATED 10.7.2019
EXHIBIT P5	TRUE COPY OF THE JUDGMENT IN WPC NO 18549/2019 DATED 6.8.2019
EXHIBIT P6	TRUE COPY OF THE JUDGMENT IN WPC NO 16518/2019 DATED 25.6.2019
EXHIBIT P7	TRUE COPY OF THE NOTIFICATION NO E(2) 4478/2019/SCEC DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P8	TRUE COPY OF THE NOTIFICATION NO E(20 478/2019/SCEC DATED 11.12.2020 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P9	TRUE COPY OF THE RELEVANT PAGES OF THE FINAL VOTERS LIST OF THE 3RD RESPONDENT DATED 11.1.2021
EXHIBIT P10	TRUE COPY OF THE ORDER NO NEYY.1134/19 DATED 15.7.2019 OF THE 2ND RESPONDENT

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W.P(C).1655 and 2005 of 2021

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE ELECTION NOTIFICATION
	NO.E(2)4478/2019/SCEC DATED 11.12.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE ELECTION NOTIFICATION NO.E(2)4478/2019/SCEC DATED 17.11.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT	P3 TRUE COPY OF THE ORDER IN WP(C) NO.34956/2008 DATED 28.11.2008.
EXHIBIT	P4 TRUE COPY OF THE ORDER IN WP(C) NO.34470/2008 DATED 26.11.2008.
EXHIBIT	P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 15.1.2021.
EXHIBIT	P6 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 15.1.2021.
EXHIBIT	P7 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 15.1.2021.
EXHIBIT	P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.18778/2019 DATED 10.7.2019.

C. Soman, v. State Co-Operative Election Commission

Case brief

What is this about?

What did the court decide?

C. Soman, v. State Co-Operative Election Commission

Case brief

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What did the court decide?

What the court decided

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