Nedumkandam Urban Co Operative Society Ltd vs Station House Officer

Basant Balaji, J

The petitioner is the Nedumkandam Urban Co-operative Society Ltd. 1-104, represented by its Secretary. The election to the Board of management of the said Society is scheduled to be held on 17.12.2023 from 9 am to 4 pm.

The case of the petitioner is that, if any untoward incident happens during the election, the election has to be stopped and thereby, the society will incur huge loss. For the smooth conduct of polling, a representation as Ext.P3 requesting police protection was submitted to the 1st respondent on 4.12.2023. Ext.P4, is the copy circular issued by the State police chief to the subordinate officers in the Police department to provide adequate and effective police protection for the smooth conduct of election to the Co-operative Societies. The petitioner submits that no action is taken on Ext.P3 application. The petitioner also seeks for a direction to the 3rd  respondent to verify 6A identity cards and 6B register, if dispute arises with regard to the identity of a voter.

The Government pleader submits that proper steps are being taken to deploy sufficient police to see that the election is being conducted in a peaceful manner.

Taking into consideration the submission made by the learned Government Pleader, the Writ Petition is disposed of with the following directions:

(i) There will be a direction to respondent Nos.1 and 2 to provide effective and meaningful protection for the peaceful conduct of the election to be held on 17.12.2023 to the Nedumkandam Urban Co-operative Society Ltd. 1-104, till the election process is completed.

(ii) The petitioner can move the 3rd respondent with an application for videography, and if such petition is filed the 3rd respondent shall allow Videography at the expense of the petitioner under the strict supervision of the 3rd respondent without interfering with the secrecy of the voting.

(iii) The 3rd respondent shall compare the 6A identity cards and 6B register of the voters coming to cast their vote, in case any dispute arises with regard to the identity of the voter.