Kerala High Court · 2024

SR GP SRI T K VIPINDAS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1889 OF 2023 3 JUDGMENT Amit Rawal, J.

1. The present appeal is directed against the judgment of the Single Bench dated 12.10.2023 rendered in W.P. (C)No.28311/2022 whereby the prayer of the respondent- Society laying challenge to the order of the Registrar has been accepted granting permission to put holograms on the identity cards.

2. The case set up by the respondent-Society before the Single Bench was that in the previous election held there were many fake votes and attempts of impersonation and identity issues. In lieu thereof, had submitted a request to the Registrar as provided under Rule 16A of the Co-operative Societies Rules to permit the Society to put holograms on the identity cards without there being any change in Rule 16A and Form Nos.6A and 6B provided under the aforementioned provisions. Learned Single Judge accepted the prayer and allowed the writ petition.

3. Sri.P.C.Sasidharan, learned counsel appearing on behalf of the member, additionally impleaded 4th respondent in the writ petition who have assailed the Single Bench judgment WA NO. 1889 OF 2023 4 through present intra court appeal, submitted that it would unnecessarily increase the expenses of the Society and can be misused by many Societies much less deviates from the provisions of Rule 16A and Form Nos.6A and 6B. There had been already a similar case of such nature where the Societies were not permitted to laminate the identity cards as it would have entailed into non-comparison of the signatures. The controversy involved herein is primarily covered by the judgment rendered in that matter ie., R.G.Harilal v. The Joint Registrar of Co-operative Societies (General) and Others [2018 (5) KHC 902].

4. On the other hand, learned counsel for the Society supported the judgment and submitted that it would not entail into much expenses, would rather ensure a fair and proper election for, there is chance of even replacement of photographs in a register maintained in Form No.6B by the Society.

5. We have heard the learned counsel for the parties and appraised the paper book.

6. It would be axiomatic to extract Rule 16A of the Co- operative Societies Rules as well as Form 6A and 6B. WA NO. 1889 OF 2023 5 “16A. Identity card:— (1) A person admitted as a member of a Society shall be issued with an identity card, in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.” Form No.6A See Sub-rule(3) of Rule 16A Identity Card 1 2 3 4 5 6 7 Name and address of the Society Member Number Name and residential address of the Member Father’s/Husband’s name Date of birth of the member Date of admission as member in the Society Photograph of the member ........ ........ ........ ........ ........ ........ ...... (Photo to be attested by the authorised officer of the society under seal as per rules) WA NO. 1889 OF 2023 6

8. Signature/Thumb impression of the member

9. Date of issue ...... ....... FORM No.6B (See Sub-rule(3) of Rule 16A) Identity Card Name and address of the Society Member No. Name & Permanent address of member Father’s/ Husband’s name of member Date of birth of member Date of admission Space for photogrpah of the member Date Thump impression signature of the member 1 2 3 4 5 6 7 8 Note:-Photo to be attested by the authorised officer of the Society under seal as per rules”.

7. On juxtapose of the aforementioned provision, it is evident that for the purpose of identity of a person certain formalities or procedure prescribed therein has to be followed. Prayer of the Society for affixing the holograms, in our considered view, also would not amount to any deviation from WA NO. 1889 OF 2023 7 the applicability of Rule 16A as well as Form Nos.6A and 6B. It would thus rather help the Society to identify the person to prevent miscarriage of justice to the genuine voters who when come to caste vote are confronted with the fact that their franchise has already been exercised. Hologram would assist the Society to identify the person as there are chances of even manipulation of register maintained by the Society or the Executive Committee in power intends to retain the power again in the elections. All these factors have been examined in extenso by the learned Single Judge. We do not find any illegality and perversity much less any material on record to form an opinion that it would entail into exponential expenses in fixing the holograms. Appeal sans merit, accordingly dismissed. Sd/- AMIT RAWAL JUDGE Sd/- C.S. SUDHA JUDGE