Disposed

The Andoorkornam Ksheerolpadaka Sahakarna Sanghom T.122(D) Apcos v. State of Kerala

Kerala HC5 Jan 2024WP(C)/213/2024

Case brief

AI extract

What is this about?

A co-operative society sought police protection and permission to videograph its managing committee election. The court directed the police to ensure smooth conduct per a 2013 circular and permitted videography at the society's expense under the Returning Officer's supervision.

What did the court decide?

Directions to SHO for smooth election conduct per Circular dated 20.11.2013; petitioner allowed to videograph election at its own expense under Returning Officer's supervision.

The Andoorkornam Ksheerolpadaka Sahakarna Sanghom T.122(D) Apcos… — Election Law | Kerala HC (2024)

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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 GOPINATH P.

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FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945
WP(C) NO. 213 OF 2024

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PETITIONER/S:

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THE ANDOORKORNAM KSHEEROLPADAKA SAHAKARNA SANGHOM
T.122(D) APCOS, ANDOORKONAM P.O., THIRUVANANTHAPURAM
 REPRESENTED BY ITS VICE PRESIDENT, PIN - 695584
BY ADVS.
N.ANAND
RAJESH O.N.

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RESPONDENT/S:

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1 STATE OF KERALA

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DEPARTMENT OF AGRICULTURE, REPRESENTED BY ITS SECRETARY
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DIRECTOR OF DAIRY DEVELOPMENT DAIRY DEVELOPMENT DEPARTMENT, PATTOM, THIRUVANANTHAPURAM, PIN - 695004

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3 THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM RURAL UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033

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4 THE STATION HOUSE OFFICER POTHENCODE POLICE STATION POTHENCODE - ANDOORKONAM ROAD, THIRUVANANTHAPURAM, PIN - 695584

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5 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033

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6 RETURNING OFFICER THE ANDOORKORNAM KSHEEROLPADAKA SAHAKARNA SANGHOM T.122(D) APCOS UNIT DAIRY FARM INSPECTOR BLOCK A, DAIRY EXTENSION SERVICE UNIT, POTHENCODE BLOCK PANCHAYATH OFFICE, KAZHAKKOOTTOM THIRUVANANTHAPURAM, PIN - 695584

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7 M. SUDHEER S/O MASTANKUNJU SUDHEER MANZIL, VELLOOR, ANDOORKONAM, THIRUVANANTHAPURAM, PIN - 695584 SMT. C.S. SHEEJA, SR. GP SRI. C.M. NAZAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 213 OF 2024 2

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JUDGMENT

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The petitioner is a Co-operative Society registered and functioning under the provisions of the Co-operative Societies Act, 1969. The election to the Managing Committee of the Society is scheduled to be held on 10.01.2024. Apprehending disorderly conduct by anti-social elements, the petitioner is stated to have submitted Exts.P4, P5 and P7 requests seeking police protection so as to hold a free and fair election. Complaining of inaction, the petitioner is before this Court seeking the following reliefs:.

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i. Issue a writ of mandamus or any other appropriate Writ, Order or direction commanding Respondents 3 and 4 to afford sufficient police protection during the polling of the election to the managing committee of petitioner society, scheduled on 10.01.2024 and to continue that protection till results are declared;

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ii. Issue a writ of mandamus or any other appropriate Writ, order or direction, directing respondent 5 and 6 to videograph the entire polling process on 10.01.2024 or in the alternative, permit the petitioner to arrange for videography of the entire election proceedings at its expense of the premises where election is conducted.

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I have heard Adv. N Anand, the learned counsel

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appearing for the petitioner, Adv. C.M. Nazar, the learned Standing Counsel appearing for respondents 5 and 6 and Adv. C.S. Sheeja, the learned Senior Government Pleader.

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WP(C) NO. 213 OF 2024 3

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Having regard to the facts and circumstances and the submissions made across the bar, this writ petition is ordered by issuing the following directions.

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(i) There will be a direction to the 4^th respondent to ensure smooth conduct of the election to the Managing Committee of the petitioner society to be held on 10.01.2024 in terms of the Circular dated 20.11.2013 issued by the State Police Chief.

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(ii) There will be a direction to respondents 5 and 6 to consider the request of the petitioner to videograph the process of election, and the petitioner shall be granted permission to videograph the process of election at its own expense. Such videography shall be under the supervision of the 6^th respondent and shall be carried out without causing any manner of disturbance to the voters and officials and without causing any interference with the balloting done in the polling booths.

Sd/-

GOPINATH P.

JUDGE

ajt

WP(C) NO. 213 OF 2024 4

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APPENDIX OF WP(C) 213/2024

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`PETITIONER EXHIB`	`ITS`
`Exhibit P1`	`A TRUE` `PASSED` `24603 O`	`COPY OF` `BY THIS` `F 2013`	`THE JUDGMENT DATED 17.10.2013` `HON'BLE COURT IN W.P(C) NO.`
`Exhibit P2`	`A TRUE` `THE STA`	`COPY OF` `TE POLIC`	`CIRCULAR NO. 28/2013 ISSUED BY` `E CHIEF DATED 20.11.2013`
`Exhibit P3`	`A TRUE` `ISSUED` `NO.E(2)`	`COPY OF` `BY RESPO` `7222/202`	`THE ORDER DATED 28.11.2023` `NDENT NO. 5 IN` `3/ S.C.E.C`
`Exhibit P4`	`A TRUE` `THE PET` `6`	`COPY OF` `ITIONER`	`THE UNDATED REQUEST MADE BY` `SOCIETY BEFORE RESPONDENT NO.`
`Exhibit P5`	`A TRUE` `PETITIO`	`COPY OF` `NER BEFO`	`UNDATED COMPLAINT MADE BY` `RE RESPONDENT NO. 3`
`Exhibit P6`	`A TRUE` `BY THE`	`COPY OF` `RESPONDE`	`THE ACKNOWLEDGMENT CARD ISSUED` `NT NO.3 DATED 21.12.2023`
`Exhibit P7`	`A TRUE` `27.12.2` `RESPOND`	`COPY OF` `023 MADE` `ENT NO.`	`UNDATED COMPLAINT DATED` `BY PETITIONER BEFORE` `4`
`Exhibit P8`	`A TRUE` `PETITIO`	`COPY OF` `NER SOCI`	`THE RESOLUTIONS NO. 1 OF THE` `ETY DATED 27.12.2023`
`Exhibit P9`	`A TRUE` `PETITIO`	`COPY OF` `NER SOCI`	`THE RESOLUTIONS NO. 3 OF THE` `ETY DATED 27.12.2023`
`Exhibit P10`	`TRUE CO` `PASSED` `29121/2`	`PY OF TH` `BY THIS` `023`	`E JUDGMENT DATED 04.09.2023` `HON'BLE COURT IN WP(C)`

The Andoorkornam Ksheerolpadaka Sahakarna Sanghom T.122(D) Apcos v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Andoorkornam Ksheerolpadaka Sahakarna Sanghom T.122(D) Apcos v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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