Managing Director, Pothanikkad Farmers Co-Operative Bank Ltd vs State Of Kerala

Devan Ramachandran, J

The petitioners, who are stated to be the Managing Director and President of the present Managing Committee of the Pothanikkad Farmers Co-operative Bank Ltd, have approached this Court, alleging that they fear extensive malpractices in the elections to the new Managing Committee, which is scheduled on 19.12.2021.

Sri.George Poonthottham, learned Senior Counsel instructed by Sri.Arun Chandran - learned counsel for the petitioners, submitted that his clients have grievous objections against the Returning Officer also because they suspect that it is with his blessings that the designs of the party respondents are being hatched, in order to frustrate a proper and fair polling. He, therefore, prayed that the 2nd respondent - Superintendent of Police be directed to deploy enough number of Police personnel for ensuring that law and order is maintained at the time of elections and to avert malpractices. He added that, in furtherance of this, his clients have also prayed that the entire process of election be video-graphed appropriately.

Sri.R.Lakshmi Narayan - learned Standing Counsel for the 9th respondent - State Co-operative Election Commissioner, submitted that a Circular has already been issued, whereby, the Returning Officers are authorised to approach the competent Police Authorities seeking protection for the electoral process; and if the petitioners are so interested, videography of the same can also be allowed, provided they pay for the same.

Sri.E.C.Bineesh - learned Government Pleader, submitted that no requisition has been received from the 5th respondent - Returning Officer until now, but that if this Court is so inclined, the 2nd respondent will ensure that necessary arrangement for protection for the entire electoral process is put in place. He added that even without such direction from this Court, the 2nd responded is obligated to act in terms of the applicable Circular, which is even now in force.

When I consider the afore submissions, it is eminent that the allegations of the petitioners cannot be taken lightly and that necessary measures will have to be put in place in order to ensure that election is conducted in a peaceful manner.

Resultantly, I order this Writ Petition in the following manner:

a) I leave liberty to the Returning Officer to make a requisition to the 2nd respondent by the end of this day for deputing necessary number of Police personnel to afford adequate and effective protection to the entire election process.

b) If no such request is made by the 5th respondent, the 2nd respondent will be obliged to act as per the applicable Circular and deploy sufficient number of Police personnel to ensure that elections are conducted peacefully without any let or interference from any person/outsiders.

c) The 5th respondent will inform the petitioners about the charges for video-graphing the electoral process and requisition for the same shall be made before 12 p.m. on 16.12.2021; and if they remit the said amounts, the video-graphy in every booth shall be ensured.

d) The 2nd respondent will oversee the entire process of election and the Officers under him will make sure that only candidates and voters are allowed into the booths, with every others being kept away using necessary force, as may be required.

e) It shall also be effectively ensured by the 2nd respondent that after the electoral processes are over, no one is allowed near the booths.

Since the election is scheduled on 19.12.2021, I direct Sri.E.C.Bineesh and Sri.R.Lakshmi Narayan to intimate this order to their respective clients, so that action can be taken without waiting for the certified copy of this judgment.