Disposed

The Pattancherry Service Co-Operative Bank LTD.NO.58 v. the District Police Chief

Kerala HC18 Dec 2023WP(C)/42737/2023

Case brief

AI extract

What is this about?

This writ petition sought police protection and videography for a cooperative society election facing threats from rival political parties. The court directed the police to provide protection and allowed the petitioner to seek approved videography.

What did the court decide?

Direction to respondents 1-4 to provide proper and adequate police protection for the election; permission to approach 8th respondent for videography approval.

The Pattancherry Service Co-Operative Bank LTD.NO.58 Vs the… — Election Law | Kerala HC (2023)

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WPC 42737/23

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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 BASANT BALAJI

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MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945

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WP(C) NO. 42737OF 2023

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PETITIONER/S:

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THE PATTANCHERRY SERVICE CO-OPERATIVE BANK
LTD.NO.58, PATTENCHERRY ROAD, PATTANCHERRY, PALAKKAD
DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 678532
BY ADVS. G.HARIHARAN, PRAVEEN.H., K.S.SMITHA
V.R.SANJEEV KUMAR B.R.SINDU

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RESPONDENT/S:

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1 THE DISTRICT POLICE CHIEF, YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD, PIN - 678014

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2 THE DEPUTY SUPERINTENDENT OF POLICE, COURT ROAD CHITTUR, PALAKKAD DISTRICT, PIN - 678101

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3 THE STATION HOUSE OFFICER, MEENAKSHIPURAM POLICE STATION, MEENAKSHIPURAM, PALAKKAD DISTRICT,, PIN - 678533

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4 THE STATION HOUSE OFFICER, PUDUNAGARAM POLICE STATION, PUDUNAGARAM, PALAKKAD DISTRICT, PIN - 678503

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5 STATE ELECTION COMMISSIONER KERALA STATE COOPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM, PIN - 695001

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6 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CIVIL STATION, PALAKKAD, PIN - 678001

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7 ELECTORAL OFFICER [THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL)] MINI CIVIL STATION, KACHERIMEDU, CHITTUR, PALAKKAD, PIN - 678101

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8 RETURNING OFFICER (UNIT INSPECTOR) UNIT OFFICE OF THE CO-OPERATIVE DEPARTMENT KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678555

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9 COMMUNIST PARTY OF INDIA (MARXIST) PATTANCHERRY LOCAL COMMITTEE, PATTANCHERRY, CHITTUR TALUK,

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WPC 42737/23

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PALAKKAD DISTRICT REPRESENTED BY ITS LOCAL
SECRETARY S.SASIDHARAN., PIN - 678532
10JANATHA DAL (SECULAR) PATTANCHERRY MANDALAM
COMMITTEE, PATTANCHERRY, CHITTUR TALUK, PALAKKAD
DISTRICT REPRESENTED BY ITS MANDALAM PRESIDENT
T.MOHANAN, PIN - 678532

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OTHER PRESENT:

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GP SREEJITH V.S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 42737/23

JUDGMENT

(Dated this the 18^th day of December 2023)

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The petitioner is a Co-operative society registered under the Co-operative Society Act. The 5^th respondent, State Election Commissioner, issued an election notification dated 18.11.2023 announcing the general election of the petitioner society on 24.12.2023 between 8 am to 5 pm.

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The case of the petitioner is that, members of the political parties are fighting during election and every time, the election is conducted smoothly only after obtaining proper and adequate protection from the police. Respondent Nos.9 and 10 threatened to cause obstruction during the election scheduled to be conducted on 24.12.2023, by causing hindrance for the smooth conduct of the election and by casting bogus votes. The petitioner has approached respondent Nos.1 to 4 seeking to provide proper and adequate police protection for the smooth conduct of the election. The petitioner submits that due to the political influence of respondent Nos.9 and 10, respondent Nos.2 to 4 are reluctant to provide police protection. Therefore, the petitioner seeks a direction to respondents 1 to 4 to provide proper and adequate protection for the smooth

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WPC 42737/23

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conduct of the election. A further direction was also sought to install CCTV cameras at the entrance of polling station and to videograph the entire election process.

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The Government pleader submits that proper steps are being taken to deploy sufficient police to see that the election is being conducted smoothly.

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Taking into consideration the submission made by the learned Government Pleader, the Writ Petition is disposed of with the following directions:

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(i) There will be a direction to the respondent 1 to 4 to provide proper and adequate police protection for the smooth conduct of the election to be held on 24.12.2023 from 8 am to 5 pm at Government High School, Pattancherry, till the election process is completed.

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(ii) The petitioner can move the 8^th respondent with an application for videography, and if such a petition is filed, the 8^th respondent shall allow Videography at the expense of the petitioner under the strict supervision of the 8^th respondent without interfering with the secrecy of the voting.

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SD/-

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BASANT BALAJI, JUDGE

dl/

WPC 42737/23

APPENDIX OF WP(C) 42737/2023

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE ELECTION NOTIFICATION
NO.O1/2284/E1 SCEC DATED 18.11.2023 ISSUED BY THE
5TH RESPONDENT AGAINST TO THE ELECTION OF
ADMINISTRATIVE COMMITTEE MEMBERS OF THE
PETITIONER BANK

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Exhibit P2A TRUE COPY OF THE REQUEST FOR POLICE PROTECTION
TO 1ST RESPONDENT VIDE REQUEST DATED 11.12.2023
Exhibit P3A TRUE COPY OF THE REQUEST FOR POLICE PROTECTION
TO 2ND RESPONDENT VIDE REQUEST DATED 11.12.2023
Exhibit P4A TRUE COPY OF THE REQUEST FOR POLICE PROTECTION
TO 3RD RESPONDENT VIDE REQUEST DATED 11.12.2023
Exhibit P5A TRUE COPY OF THE REQUEST FOR POLICE PROTECTION
TO 4TH RESPONDENT VIDE REQUEST DATED 11.12.2023

The Pattancherry Service Co-Operative Bank LTD.NO.58 v. the District Police Chief

Case brief

What is this about?

What did the court decide?

The Pattancherry Service Co-Operative Bank LTD.NO.58 v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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