LAWS(KER)-2019-7-176

RAJEEV KOSHY Vs. SUB INSPECTOR OF POLICE

Decided On July 24, 2019
Rajeev Koshy Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The petitioner says that he is a member of the 8th respondent-the Edamulackal Service Co-operative Bank Ltd. (hereinafter referred to as 'the Bank' for short); and prays that the Returning Officer-the 7th respondent be directed to act in terms of Ext.P6 Circular issued by the State Police Chief, Kerala.

(2.) The petitioner says that he apprehends law and order disturbances during polling, as also that large scale bogus voting will be attempted by certain vested interests; and pleads that this Court direct the Returning Officer to seek police reinforcement and also to videograph the entire process, so that the process of election can be conducted in a fair and transparent manner. The petitioner also prays that this Court direct the Returning Officer to prevent bogus voting by ensuring that the ballot paper is issued to the voters only on production of the identity cards and such other documents of proof as are mentioned in Rule 35(A)(6)(n)(ix) of the Kerala Cooperative Societies Rules ('the KCS Rules' for short).

(3.) The learned Senior Government Pleader, Smt.C.S.Sheeja, appearing on behalf of the official respondents, submits that it is not necessary for the petitioner to have approached this Court by filing this writ petition because the Returning Officer will certainly follow the mandate of Ext.P6 Circular implicitly and in its letter and spirit. She says if there is any disturbance at the time of voting, necessary police reinforcements will be called for. She, then adds that if the petitioner is willing, the Returning Officer will make arrangements for videography of the entire voting process, without in any manner compromising its secrecy, provided the petitioner pays for such. On the apprehension of the petitioner regarding bogus voting, Smt.C.S.Sheeja submits that all necessary steps, including by ensuring that proper identity cards and other documents of proof are produced by the members will be taken by the Returning Officer.