Kerala High Court
Vengathodi Sukumaran vs Superintendent Of Police on 15 July, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 20TH DAY OF AUGUST 2014/29TH SRAVANA, 1936
WP(C).No. 21708 of 2014 (K)
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PETITIONERS :
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1. VENGATHODI SUKUMARAN, S/O.KUNHIRAMAN,
VENGATHOTIL, P.O. VILLIAPPALLY,
(VIA) VATAKARA, KOZHIKODE, PIN - 673 542.
2. KRISHNAN, S/O.KELU, "RADHANILAYAM",
P.O.MEMUNDA, (VIA) VATAKARA,
KOZHIKODE DISTRICT.
BY ADVS.SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENTS :
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1. SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT(RURAL),
P.O. PUTHUPPANAM, VATAKARA, KOZHIKODE DISTRICT,
PIN - 673 105.
2. THE STATION HOUSE OFFICE, VATAKARA POLICE STATION,
P.O. VATAKARA, KOZHIKODE DISTRICT, PIN-673 101.
3. VILLIAPPALLY PANJAYATH SERVICE COOPERATIVE BANK LTD. NO.D 2342,
P.O. VILLIAPPALLY, VATAKARA, KOZHIKODE DISTRICT,
PIN-673 542, REPRESEWNTED BY ITS SECRETARY.
4. THE RETURNING OFFICER/UNIT INSPECTOR,
PURAMERI, OFFICE OF THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETY, MINI CIVIL STATION, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 101.
5. THE ELECTORAL OFFICER/THE ASSISTANT REGISTRAR(GENERAL)
OF CO-OPERATIVE SOCIETY, VATAKARA CIRCLE, MINI CIVIL STATION,
P.O. VATAKARA, KOZHIKODE DISTRICT, PIN-673 101.
WP(C).No. 21708 of 2014 (K)
6. K.K. MOHANAN, S/O.KRISHNAN, KAYAKUNITHAZHA,
POST VILLIAPPALLY, (VIA) VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542.
7. RAJEEVAN N.M., NEELIMAKKOOL MALAYIL,
POST VILLIAPPALLY, (VIA) VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542.
R1 & R2 BY STATE ATTORNEY, SRI.P.VIJAYARAGHAVAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21708 of 2014 (K)
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P1 : TRUE COPY OF THE ELECTION NOTIFICATION DATED 15.07.2014 OF
RESPONDENT NO.3 WITH ENGLISH TRANSLATION.
EXT.P2 : TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT WITH
ENGLISH TRANSLATION.
EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 16.08.2014 BEFORE 1ST
RESPONDENT WITH ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS :
NIL.
/TRUE COPY/
PA TO JUDGE
ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.
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W.P.(C) No. 21708 OF 2014
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Dated this the 20th day of August, 2014
JUDGMENT
Ashok Bhushan, Ag.C.J. Heard learned counsel for the petitioner and learned State Attorney appearing for the State.
2. By this writ petition, the petitioners have prayed for a mandamus directing the respondents 1 and 2 to give adequate police protection for the voters and petitioners for participation in the election to the managing committee of 3rd respondent Bank scheduled to be held on 24.08.2014.
3. The learned State Attorney, after obtaining instructions, submits that, Circular No.28 of 2013 dated 20.11.2013 has already been issued by the State Police Chief instructing all police officers to ensure that election to the Managing Committees of Co-operative Societies are conducted smoothly without any disturbances to the law and order. The said circular has been issued in compliance of the Division Bench judgment dated 17.10.2013 in W.P.(C) No.24603 of WP(C) No. 21708 of 2014 -:2:- 2013. It is useful to quote the directions issued by the State Police Chief on 20.11.2013, which read as follows:-
"1. The police should ensure that the elections to the managing committees of co-operative societies within their jurisdiction are conducted smoothly without any disturbances to the law and order.
2. On receiving information about any impending election, the concerned Station House Officer is to inquire with the Returning Officer as to whether or not he expects any disturbances in the election and if necessary provide such police assistance required to conduct the elections smoothly.
3. The District Police Chief will ensure that the orders of the High Court regarding the conduct of election to various co- operative societies are strictly complied with."
4. In view of general directions as noted above, police authorities are obliged to take steps to ensure that elections are conducted peacefully without any disturbances. Returning Officer may also request for necessary police assistance for conduct of election, if so required. There being already the above directions by Police Chief, as noted above, it is observed that, proper measures would be taken for conduct of election. WP(C) No. 21708 of 2014 -:3:-
With the above observations, the writ petition is disposed of.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/20/08