BY AD v. V.SETHUNATH

BY ADVS. M.M.MONAYE M.PAUL VARGHESE(K/151/1990) K.V.SANOSH(K/144/2012) ANJANA SUGUNAN(K/003577/2022) SRI.C.M NAZAR, SC SRI.A.S DHEERAJ, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 227 OF 2024 3 JUDGMENT The petitioners state that they are candidates for the Vallicode Service Co-operative Society. The 1st respondent has issued an election notification scheduling the election to be held on 13.1.2024 at the P.D.U.P School, Vallicode. According to the learned counsel, the petitioners have received numerous threats that genuine voters would be driven away, and using forged identity cards, the impersonators would be allowed to vote and corrupt the election process. They would point out that numerous are the instances wherein, transparency and integrity of the election process has been infringed by anti-social elements with the assistance of certain persons having political influence. The petitioners state that they have already submitted a request to the District Police Chief to render assistance and to ensure that law and order is maintained all through the voting process. According to the petitioners, respondents 2 to 8 are bound to strictly comply with Exts.P3 to P5 circulars issued by the Election Commission as well as the Police Chief. The petitioners have an apprehension that in view of the Makaravilakku festival, which is scheduled to be held from 12.1.2024 to

14.1.2024, the police may be burdened with other responsibilities and adequate measures shall not be taken to see that law and order situation is maintained. They request that the 6th respondent be directed to ensure that a senior officer not below the rank of the 7th respondent is directed to WP(C) NO. 227 OF 2024 4 supervise the security arrangements. It is on these contentions that this writ petition is filed seeking the following reliefs:- a. Issue a writ of Mandamus or appropriate writ, order or direction to respondents 6 to 8 afford Police protection to the candidates, their agents and voters of Vallicode Service Co-operative Society (Ltd no. 61) on 13-01-2024. b. Issue a writ of Mandamus or appropriate writ, order or direction to respondents 1 to 5 to comply with Ext.P3 to P5 Circulars in the matter of elections to Vallicode Service Co-operative Society (Ltd no. 61) on 13-01-2024 c. Issue a writ of Mandamus or appropriate writ, order or direction to the 6th respondent to depute a Dy.S.P from District Crime Branch to oversee election to Vallicode Service Co-operative Society (Ltd no. 61) on 13-01-2024, as other police officers are busy with Makaravilakku Festival d. Issue a writ of Mandamus or appropriate writ, order or direction to the 6th respondent to allot sufficient number of Civil Police officers from Reserve Police Force on 13-01-2024, as other Civil police officers are busy with Makaravilakku Festival e. Issue a writ of Mandamus or appropriate writ, order or direction to the respondents 1 to 8 to permit the voters to the P.D.U.P School Vallicode, only after verifying with the 6B register of Vallicode Service Co-operative Society, on 13-01-2024, since the Voters list does not contain photos of the Voters.

2. The learned Government pleader submitted that no efforts shall be spared to ensure that the election process is not polluted and law and order is maintained. It is submitted that steps in terms of Circular No. 28/2013 dated 20.11.2013 issued by the State Police Chief shall be taken to WP(C) NO. 227 OF 2024 5 ensure smooth conduct of the election.

3. The learned Standing counsel appearing for the Election Commission also submitted that no efforts shall be spared to ensure transparency in the election and also to prevent violence and impersonation.

4. Having considered the submissions advanced, I am of the view that this is a fit case wherein necessary directions can be issued to ensure that the election to the Vallicode Service Co-operative Society scheduled to be held on 13.1.2024 at the P.D.U.P School, Vallicode is conducted in a free and fair manner. Accordingly, the following directions are issued: a) The election to the Managing Committee of the 5th respondent shall be held with due adherence to Exts.P3 to P5 Circulars issued by the 1st respondent and Circular No. 28/2013 dated 20.11.2013 issued by the State Police Chief. b) The 8th respondent shall consider Exhibit P7 representation and ensure that sufficient and effective protection is afforded and adequate police personnel are deployed in tune with the Circular issued by the State Police Chief. Supervision of the security arrangements shall be overseen by an officer not below the rank of a Deputy Superintendent of Police. WP(C) NO. 227 OF 2024 6 d) Respondents 1 to 4 shall ensure verification of the identity of the voters with reference to the Form 6B register maintained in the Society, the identity card issued in Form 6A, and any one of the documents specified in the Explanation to Rule 35A(6)(n)(ix) of the Kerala Cooperative Societies Rules, whenever dispute is raised regarding the identity of the voter. e) If any legitimate request is made before the 1st respondent to initiate any steps to augur transparency and a free and fair election, the same shall be considered, and appropriate orders shall be passed. Sru Sd/- RAJA VIJAYARAGHAVAN V JUDGE WP(C) NO. 227 OF 2024 7 PETITIONERS EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P 9 Exhibit P10 APPENDIX OF WP(C) 227/2024 THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 24-11-2023. TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONERS AND OTHERS. THE TRUE COPY OF THE CIRCULAR NO. 3/ 2015 DATED 10-04-20156 ISSUED BY THE 1ST RESPONDENT. THE TRUE COPY OF THE CIRCULAR NO. 4/ 2013 DATED 27-06-2013 ISSUED BY THE 1ST RESPONDENT. THE TRUE COPY OF THE CIRCULAR NO. 10/2012 ISSUED BY THE 1ST RESPONDENT DATED 17-07-2012. THE TRUE COPY OF THE PETITION GIVEN BY THE PETITIONERS TO THE 3RD RESPONDENT DATED 1-1-2024. THE TRUE COPY OF THE PETITION GIVEN BY THE PETITIONERS TO THE 6TH RESPONDENT DATED 1-1-2024. TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 6TH RESPONDENT DATED 1-1-2024. TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 8TH RESPONDENT DATED 1-1-2024. TRUE COPY OF THE ORDER IN W.A NO. 92 OF 2022 DATED 16-06-2022.