RAGHAVAN Vs. COMMISSIONER AND SPECIAL SECRETARY

JUDGEMENT

(1.) Having heard learned counsel for the petitioners, learned Govt. Pleader and the learned counsel for respondents 4 and 6, I am disposing of the Original Petition itself in the following manner:

(2.) The petitioners are aggrieved by the change of venue of the election to the Managing Committee of the Service Cooperative Bank Ltd. No.3035 on 3-1-1993. The original venue was fixed at the bank building itself as per Ext. P1, which was subsequently changed as per Ext. P2 to Chittur Govt. U.P. School. It is contended on behalf of the petitioners that the change of venue is rendered with ulterior motives to stultify the polling and to favour certain persons who owe allegiance to the political party in power. He further contends that Ext. P2 bristles with malafides and is vitiated and hence liable to be interdicted by this court. It was submitted by the learned counsel for the petitioners that a free and fair polling will not be possible if the polling is conducted at the new venue. He has got a further case that the change of venue is without jurisdiction.

(3.) Learned Govt. Pleader submitted that the change of venue is occasioned on account of the fact that the original venue was found to be unsuitable having regard to the precarious law and order situation obtaining in that place. The original venue was fixed at the bank building, near a temple, namely, Puthezhath Devi Temple. Originally it was proposed to use the temple premises also in connection with the polling which was subsequently found to be not in public interest and prejudicial to law and order. So it was decided to have the change of venue to Chittur Govt. U.P. School