High Court Of Kerala
K. BALAKRISHNAN NAIR,K. SURENDRA MOHAN
M.V.Raghavan - Appellant
Versus
The Returning Officer - Respondent
WA. No. 961 of 2008
Decided On : 03/13/2009
Constitution of India - Article 226 - Writ Petition - Society has individual members and institutional members - Writ Petitions were filed, challenging the election to the Managing Committee of the Kerala State Co-operative Hospital Complex and Centre for Advanced Medical Services - The appellants point out that the election was finally scheduled to be held, after a long drawn out legal battle, which went up to the Supreme Court - Apprehending violence, affecting fair and proper conduct of the election, this Court was moved for police protection - All the Writ Petitions were heard and dismissed by the learned Single Judge, by a common judgment - Hence Writ Appeals are filed - This is a case involving serious factual disputes as to whether genuine voters were prevented from voting and fake voters were allowed to vote - Writ Appeals dismissed.
Balakrishnan Nair, J.
These Writ Appeals are filed against the common judgment in W.P. (C) Nos.28311, 28769, 28863 & 29510/2007. The Writ Petitions were filed, challenging the election to the Managing Committee of the Kerala State Co-operative Hospital Complex and Centre for Advanced Medical Services Ltd. No.4386, Pariyaram, Kannur, which is a Co-operative Society registered under the Kerala Cooperative Societies Act (hereinafter referred to as "the Society"). The Society has individual members and institutional members. W.P.(C) No.28311/2007 was filed by four candidates, who contested the election. W.P.(C) No.28769/2007 was filed by four other candidates at the election. W.P.(C) No.28863/2007 was filed by individual members of the Society. W.P.(C) No.29510/2007 was filed by three institutional members of the Society through their delegates. All the Writ Petitions were heard and dismissed by the learned Single Judge, by a common judgment dated 14.2008. Hence these Writ Appeals by the writ petitioners.
2. This Writ Appeal is treated as the main case for the purpose of referring to the facts and exhibits. This appeal arises from W.P.(C) No.28311/2007. The writ petitioners in that Writ Petition are the appellants. The respondents herein were the respective respondents therein.
3. The brief facts stated by the appellants are the following: All the four appellants were candidates at the election to the Managing Committee of the Society held on 29.2007 at Government Town Higher Secondary School, Kannur. The appellants point out that the election was finally scheduled to be held, after a long drawn out legal battle, which went up to the Supreme Court. Apprehending violence, affecting fair and proper conduct of the election, this Court was moved for police protection. The said Writ Petition was disposed of, noticing the arrangements made by the police for the smooth conduct of the election and also asking the Inspector General of Police, Northern Range to render necessary protection for the conduct of the election. Even the fixation of the venue of the polling was the subject-matter of a writ petition before this Court. Finally, the election was held on 29.2007 at Government Town Higher Secondary School from 9 a.m to 4 p.m.
4. The appellants submit, when a large number of voters under the leadership of the 1st appellant reached the venue of the polling at 8 a.m., they were shocked to see a queue of more than 1000 persons and a large contingent of police force. They submit, the persons who formed the queue were not the real voters, but goondas of the ruling political party with bogus identity cards. The 1st appellant demanded that a separate queue should be formed for the 300 genuine voters, who had come with him and who were having the identity cards issued by the Society as well as the Election Commission of India. They were not even permitted to enter the venue. The 1st appellant and others were arrested and taken to the Police Station. They were released only at 1 p.m., on self bond. Exts.P1 to P4 are the arrest memos relating to appellants 1 to 4. In fact, the police, present there, were providing protection to those, who were having bogus identity cards. From the early hours of 29.2007, the goondas of the ruling political party formed themselves into a queue in front of the polling station. The initial strength of such persons was more than 1000. But, their strength increased minute by minute. The appellants, their polling agents and the real voters, who came along with them were not allowed to enter the venue of the polling station. If they were to stand at the end of the queue, they would never be able to vote. The bogus voters were allowed to enter and stand in front of the queue by those already standing in the queue. Therefore, the queue was never moving. Appellants 1 and 2 were former Ministers of the State and the 3rd appellant was a former Member of Parliament. Those appellants, who were candidates at the elect
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