Kerala High Court
The Kudayathoor Service Co-Operative ... vs The Asst. Registrar Of Co-Operative ... on 3 February, 2018
Author: K. Vinod Chandran
Bench: K.Vinod Chandran, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940
WP(C).No. 9392 of 2018 Y
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PETITIONERS:
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1 THE KUDAYATHOOR SERVICE CO-OPERATIVE BANK LIMITED NO.3316
KUDAYATHOOR P.O. THODUPUZHA, 685590 REPRESENTED BY ITS
SECRETARY.
2 THE BOARD OF DIRECTORS
THE KUDAYATHOOR SERVICE CO-OPERATIVE BANK LIMITED
NO.3316, KUDAYATHOOR P.O., THODUPUZHA,
REPRESENTED BY ITS PRESIDENT - 685590.
BY ADVS.SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.S.AMBILY
SRI.SAJI THOMAS
RESPONDENTS:
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1. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THODUPUZHA(ELECTORAL OFFICER, FOR CONDUCTING ELECTION TO THE BOARD
OF DIRECTORS OF THE KUDAYATHOOR SERVICE CO-OPERATIVE
BANK LIMITED NO.3316, KUDAYATHOOR P.O.,THODUPUZHA 685 590.
2. THE RETURNING OFFICER
ELECTION TO THE BOARD OF DIRECTORS OF THE KUDAYATHOOR
SERVICE CO-OPERATIVE BANK LIMITED NO.3316,
KUDAYATHOOR P.O., THODUPUZHA (OFFICE INSPECTOR,
OFFICE OF THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) THODUPUZHA - 685 590.
3. THE DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA.
4. THE CIRCLE INSPECTOR OF POLICE
(STATION HOUSE OFFICER), KANJAR POLICE STATION,
KANJAR P.O., THODUPUZHA, 685590.
5. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
6. K.V.SUNNY, KANDAVARALIYIL HOUSE,
KUDAYATHOOR P.O., THODUPUZHA - 685590.
7. THE STATE CO-OPERATIVE ELECTION COMMISSION
OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM-695001.
R1,R3-R5 BY GOVERNMENT PLEADER SRI P P THAJUDDIN
R6 BY ADV. SRI.K.S.ARUN KUMAR
R6 BY ADV. SRI.JUSTINE JACOB
R6 BY ADV. SMT.RESMI THOMAS
R6 BY ADV. SRI.P.S.SAJEESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9392 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: COPY OF THE ELECTION NOTIFICATION PUBLISHED FOR
CONDUCT ELECTION DATED 03.02.2018.
EXHIBIT-P2: COPY OF ORDER DATED 03.02.2018 ISSUED BY THE
ELECTION COMMISSION APPOINTING THE 2ND
RESPONDENT AS RETURNING OFFICER.
EXHIBIT-P3: COPY OF THE PETITION FILED BEFORE RESPONDENTS 3
AND 4 DATED 17.3.2018.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
jma
K. Vinod Chandran & Ashok Menon, JJ
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W.P(C) No.9392 of 2018 Y
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Dated this the 23rd day of March, 2018
JUDGMENT
K. Vinod Chandran, J A Co-operative Bank is before this Court seeking Police Protection for the elections to be conducted. It is apprehended that there is an obstruction by a political party in the conduct of the election.
2. A request for police protection has been filed, as is seen from Ext.P3 before the 4th respondent. In such circumstance, there shall be a direction to the 4 th respondent to enquire into the complaints raised and afford adequate police protection, if there is any chance of the elections being disrupted, at the expense of the petitioner, as has been laid down in G.O(Ms) No. 183/2012/Home dt. 09.07.2012 and G.O(P) No.16/13/Fin. Dated 07.01.2013.
The writ petition is disposed of. No costs.
Sd/-
K. Vinod Chandran, Judge Sd/-
Ashok Menon, Judge jma