Kerala High Court
Sumesh T.S vs The Kerala State Co-Operative Election ... on 25 July, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF JULY 2019 / 3RD SRAVANA, 1941
WP(C).No.20305 of 2019
PETITIONERS:
1 SUMESH T.S.,
AGED 36 YEARS,
S/O.SATHYAN, THUPPAYI PARAMBIL HOUSE, VIYYUR P.O.,
THRISSUR - 680 010.
2 SIVADAS K.K.,
AGED 59 YEARS
S/O.KOCHUKUTTAN, KUNNATH HOUSE, PANDIKKAVU,
PERINGAVU P.O., THRISSUR - 680 008.
3 VINEETH N.R. @ VINU,
AGED 28 YEARS,
S/O.RAJU, NJATTUPARAMBIL HOUSE, PADUKKAD,
VIYYUR P.O., THRISUR - 680 010.
BY ADVS.
SRI.G.KRISHNAKUMAR
SMT.M.L.REMYA
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION,
KERALA CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM,THIRUVANANTHAPURAM -695 033
REPRESENTED BY ITS SECRETARY.
2 THE ELECTION COMMISSIONER,
KERALA STATE CO-OPERATIVE ELECTION COMMISSION,
KERALA CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM - 695 033.
3 THE RETURNING OFFICER OF VIYYUR SERVICE CO-OPERATIVE
BANK LTD.NO.177,
(INSPECTOR OF CO-OPERATIVE SOCIETIES, KOLAZHI UNIT),
VIYYUR SERVICE CO-OPERATIVE BANK LTD.NO.177, VIYYUR,
THRISSUR - 680 010.
4 THE ELECTORAL OFFICER OF VIYYUR SERVICE CO-OPERATIVE
BANK LTD.NO.177,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
THRISSUR), VIYYUR - 680 010.
WP(C).No.20305 of 2019 : 2 :
5 VIYYUR SERVICE CO-OPERATIVE BANK LTD.NO.177,
VIYYUR P.O., THRISSUR - 680 010, REPRESENTED BY ITS
SECRETARY.
6 THE BOARD OF DIRECTOR,
VIYYUR SERVICE CO-OPERATIVE BANK LTD.NO.177,
VIYYUR, THRISSUR -680 010.
R1 AND R2 BY SRI.R.LAKSHMI NARAYAN, SC
OTHER PRESENT:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20305 of 2019 : 3 :
JUDGMENT
The petitioners allege that the membership of the 5 th respondent Service Co-operative Bank is grossly exaggerated and that several persons whose names are shown therein are, in fact, not eligible to be so, giving by the Bye-Laws of the Society. According to them, the area of operation of the Society in the Bye- Laws in the Viyyur Village and that as per the last census and the voters list prepared for the last General Elections, the population entitled to adult franchise in the said Village is only 9077; while the membership of the Society stands at 13785. The petitioners thus assert that large number of persons have been included illegally in the membership registers of the Society.
2. After alleging as afore, the petitioners say that voters list, prepared by the Chief Executive Officer of the Society and approved by the Electoral Officer, also includes 13785 persons; and WP(C).No.20305 of 2019 : 4 : pray therefore, that the proposed Elections, notified through Ext.P4, may not be allowed to be conducted.
3. The petitioners submit that they had earlier approached this Court and obtained Ext.P13 judgment wherein directions had been issued to the Co-operative Election Commission to consider all their objections, but that the Commission has now issued Ext.P14 merely saying that they do not have the infrastructure or time to consider all these objections in detail. The petitioners consequently seek that the Elections be deferred and that the voters list be recast as per law.
4. Even when I hear Sri.G.Krishna Kumar, learned counsel for the petitioners, on the aforelines, it is clear that his clients are unable to specifically point out the names and addresses of those persons whom they say are they have been illegally included in the list. Their singular contention is that the voters list is wrong because it contains 13785 members, while the total number of persons in the Viyyur Village enjoying adult franchise is only 9077, WP(C).No.20305 of 2019 : 5 : as per the voters list prepared for the last General Elections.
5. That said, Sri.Krishna Kumar, however, says that his clients have preferred objections to the primary voters list through Exts.P5 to P10, wherein certain members have been specifically named as being outside the area of operation and therefore, that the Electoral Officer must do an expansive investigation to find out whether their allegations are right or not. This narration itself shows that neither the Election Commission nor the Electoral Officer will be in a position to make such a comprehensive survey and search of the said persons, particularly when the elections are scheduled on 28.7.2019.
6. I am, therefore, of the view that the request now made by the petitioners cannot be granted, but in order to ensure that the integrity of the election is properly maintained, I deem it appropriate that the members named in Exts.P5 to P10 be permitted to cast their votes only in a separate box and that their votes be counted separately, so as to enable the petitioners to WP(C).No.20305 of 2019 : 6 : invoke their alternative remedy of approaching the competent Authority under Section 69 of the Kerala Co-operative Societies Act after the elections are over, in a meaningful manner.
7. In the result, I order this writ petition and direct the Returning Officer to allow the persons mentioned in Exts.P5 to P10 to cast their votes only in a separate box and to count their votes separately, while declaring the elections.
8. After I dictated the judgment, Sri.Krishna Kumar requested that the entire voting process be videographed by the Returning Officer. I have been acceding to similar requests and have issued orders for such purpose in other cases, however, on condition that videography is done strictly under the control and supervision of the Returning Officer, by employing persons of his choice, ensuring that the integrity of the election process is not in any manner violated. I am certain that such directions are apposite in this case also. I, therefore, so direct the Returning Officer on condition that the petitioners pay the expenses for it. WP(C).No.20305 of 2019 : 7 :
In such circumstances, I order the Returning Officer to videograph the entire election process, without in any manner impacting its integrity, on the petitioners depositing the amounts for such process a day before the actual date of Election.
The writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE Bb WP(C).No.20305 of 2019 : 8 : APPENDIX PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAW OF THE 3RD RESPONDENT BANK.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHOOMI DAILY DATED 22/6/2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 1/7/2019 PREFERRED BY THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 1/7/2019 PREFERRED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT, ELECTORAL OFFICER.
EXHIBIT P7 TRUE COPY OF THE OBJECTION PREFERRED BY THE 2ND PETITIONER DATED 1/7/2019 TO THE DRAFT VOTERS LIST FILED ALONG WITH THE DETAILS OF INELIGIBLE PERSONS.
EXHIBIT P8 TRUE COPY OF THE OBJECTION PREFERRED BY THE 3RD PETITIONER, TO THE DRAFT VOTERS LIST OF THE 5TH RESPONDENT BANK WITH LIST OF INELIGIBLE PERSONS.
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 1/7/2019 PREFERRED BY THE 3RD PETITIONER.
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED 1/7/2019 PREFERRED BY THE 3RD PETITIONER.
EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS DATED 2/7/2019 OF THE 4TH RESPONDENT ELECTORAL OFFICER.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 6/7/2019 PREFERRED BY THE PETITIONERS TO THE 2ND RESPONDENT ELECTION COMMISSIONER.WP(C).No.20305 of 2019 : 9 :
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 9/7/2019 IN W.P(C) NO.18735/2019 OF THIS HON'BLE COURT.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 17/7/2019 OF THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS NIL //True Copy// P.A. To Judge Bb