Kerala High Court
K.Sreedharan vs State Co-Operative Election ... on 13 December, 2013
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 10TH DAY OF JANUARY 2014/20TH POUSHA, 1935
W.P.(C).No.192 of 2014 (Y)
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PETITIONERS:-
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1. K.SREEDHARAN,
MEMBER, BOARD OF DIRECTORS,
KADAKOM SERVICE CO-OPERATIVE BANK LTD.,
MULLERIA, KASARGOD DISTRICT.
2. C.SASIDHARA,
MEMBER, BOARD OF DIRECTORS,
KADAKOM SERVICE CO-OPERATIVE BANK LTD.,
MULLERIA, KASARGOD DISTRICT.
BY ADV. SRI.GEORGE POONTHOTTAM.
RESPONDENTS:-
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1. STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY THE SECRETARY.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
KASARGOD - 671 346.
3. KADAKOM SERVICE CO-OPERATIVE BANK LTD.,
MULLERIA, KASARGOD DISTRICT - 671 346,
REPRESENTED BY THE SECRETARY.
R1 & R2 BY SPECIAL GOVERNMENT PLEADER SRI.D.SOMASUNDARAM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10-01-2014, ALONG WITH W.P.(C).NO.506 OF 2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.192 of 2014 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS:-
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EXHIBIT P1 : TRUE COPY OF THE KARADKA GRAMA PANCHAYATMAP.
EXHIBIT P2 : TRUE COPY OF THE COMPLAINT GIVEN TO THE 1ST RESPONDENT
DATED 13.12.2013.
EXHIBIT P3 : TRUE COPY OF THE ELECTION NOTIFICATION
NO.E(2)3624/13/SCEC DATED 11.12.2013.
RESPONDENT(S)' EXHIBITS:-
------------------------------------------ NIL.
vku/- ( true copy )
K.Vinod Chandran, J
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W.P.(C).Nos.192 of 2014-Y & 506 of 2014-K
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Dated this the 10th day of January, 2014
JUDGMENT
The petitioners in both the writ petitions essentially dispute the venue fixed for the elections to be held as per the notification [Exhibit P3 W.P.(C).No.192 of 2014 and Exhibit P2 in W.P.(C).No.506 of 2014] notification, on 25.01.2014. Admittedly the Committee, which is statutorily obliged to fix the venue, has fixed the venue at Government Vocational Higher Secondary School, Karadka. However, again admittedly there was dissent in the Managing Committee of 9, wherein 4 members belonging to the Opposition, opposed the fixation of the said venue. In any event, the Election Commission had fixed the venue at the above-mentioned Higher Secondary School, as resolved by the Committee.
2. W.P.(C).No.192 of 2014 was filed by two Committee members who had dissented in the Managing Committee, contending that holding of the elections in the venue scheduled would lead to law and order problem, which would lead to rigging of the elections. They seek that one of the schools, near to the Branch Office or the Police Station may be fixed as the venue.
WP(C).Nos.192/2014-Y & - 2 -
506/2014-K
3. W.P.(C).No.506 of 2014 has been filed by the President of the Managing Committee, who assails Exhibit P12 order of the Election Commission produced in the said writ petition, in which the Committee has been directed to pass an order changing the venue. Exhibit P12 in fact has been passed on the basis of a report filed by the Electoral Officer, as is evidenced by Exhibit P13. Exhibit P13 lists out the reasons on which the Electoral Officer had sought for a change in the venue. It specifically refers to the distance between the venue and the Branches and Head office of the respondent-Society to request that the venue be changed. The specific ground for such a suggestion is that the voters would find it difficult to reach the said Higher Secondary School. The learned counsel for the petitioner contends that the said report is baseless, especially in view of the distances listed out in the said report being contrary to what has been certified by the Panchayat and the Headmaster of the school. The learned counsel also points out that even when the opposite faction was managing the affairs of the Society, elections were held from the said venue.
WP(C).Nos.192/2014-Y & - 3 -
506/2014-K
4. This Court, under Article 226 of the Constitution, is not expected to look at the measurements placed on record by different authorities, which are conflicting in itself. It is trite that the Election Commission under the Kerala Co-operative Societies Act, 1969 has the power of general superintendence over the elections and the elections are conducted by the delegates of the Election Commission, being the Electoral Officer and the Returning Officer. The Electoral Officer having reported the difficulties faced by the voters, this Court need not make a roving enquiry into the competing and conflicting claims made by either parties. It has to be noticed that the issue involved is only with respect to change of venue and that does not at all cause any difficulty to the voters or the Managing Committee. It is not for this Court suggest a specific venue for the elections. In view of the prescription that the Committee itself has to take a decision with respect to the venue as is provided in Rule 35A(2) of the Kerala Co-operative Societies Rules 1969, it is directed that the Committee shall immediately pass a resolution fixing a different venue, which would be adjacent or near to any of the Branches or the Head WP(C).Nos.192/2014-Y & - 4 - 506/2014-K Office and forward the same to the Election Commission immediately and the Election Commission shall ensure that the elections are conducted on the notified date itself. The Committee while taking decision shall consider the report, Exhibit P13, regarding the suitable venue.
Both the writ petitions are disposed of, with the above observations.
Sd/-
K.Vinod Chandran, Judge vku.
( true copy )