M P NARAYANAN NAMBIAR Vs. STATE

JUDGEMENT

(1.) The petitioner is a member of the Cannanore Cooperative Hospital Society Ltd., hereinafter referred to as the society. The respondent Nos. 1, 2,3,4 and 5 are, respectively, the State of Kerala, the Minister for Cooperation, the District Magistrate, Kannur, the Joint Registrar of Cooperative Societies and the Returning Officer for the elections to the Managing Committee of the society. The elections are scheduled to be held tomorrow the 10th February, 1993. The petitioner seeks two orders. Firstly, he seeks a direction to the Joint Registrar of Cooperative Societies and the Returning Officer to maintain VI B register at the place of polling so that the candidate can verify and ascertain the identity of the members who poll at the election. The second relief prayed for is that an Advocate or Advocates of this Court be nominated as "observers" to oversee the process of election and to report to this Court.

(2.) So far as the first prayer is concerned identity cards to all the candidates have been issued and I do not think it necessary to make any order requiring the VIB register be kept at the place of polling.

(3.) The second relief which has been very strongly urged needs to be considered. Allegations of manipulations have been made against the officers and the Minister, which are seriously disputed. It is not possible to express any opinion on the disputed facts which are urged in support of the allegations. The general fear expressed is that the elections will not be fair but will be rigged. According to the petitioner, the presence of observers and the fear of their adverse report will ensure free and fair election.