The judgment establishes the importance of a fair and proper election process, the legal requirements for issuing and using identity cards, and the lack of legal right for the committee to continue in office after the term expired.

K.S. Radhakrishnan, J.

1. This is a case where Returning Officer found it difficult to proceed with the election. Complaints have been raised by polling agents that large number of persons are attempting to cast votes on the basis of fake identity cards. Returning Officer compared the identity cards objected to by the polling agents with copy of the identity cards kept in the society as well as in the admission register and was satisfied that many of the identity cards produced by voters were fake identity cards. When more and more complaints were received by the Returning Officer objecting to the casting of votes by several persons with fake identity cards, Returning Officer found it difficult to proceed with the election. Eventhough Returning Officer wanted to continue with the election after pacifying the objectors the same could not be done. Returning j Officer also complained that Secretary of the society did not cooperate with her by producing all relevant records to identify the voters. Consequently, she stopped the election at about i2.45 PM. Returning Officer then sealed eight ballot boxes containing votes cast by various persons along with other relevant papers and kept them at the office of the Assistant Registrar (General), Keezhancherry, and drew up proceedings dated 28-11-1998. First petitioner is the President of the Managing Committee and second petitioner is the Secretary of the Society. They have approached this court challenging the action of the Returning Officer and also seeking a direction to the first respondent to proceed with the election from the stage at which it was stopped. They also sought for a declaration that the postponement of election by the first respondent Returning Officer is illegal and arbitrary. They have also sought for a direction to the fourth respondent to appoint another Returning Officer so as to conduct the election smoothly.

2. The period of the managing committee expired on 7-2-1998. Consequently petitioners wanted to continue in office till the election is over. According to them, the attempt of the respondents is to see that election is disrupted and the managing committee is kept out of office, so that the administrator could appoint his nominee to the State Agricultural and Rural Development Bank, which is the apex bank. Petitioners attributed political motive against the respondents. Petitioners have no case that police have disobeyed the orders of this court and have not given adequate and effective police protection. Election was evidently disrupted due to objections raised by certain polling agents with regard to fake identity cards.

3. Counsel for the petitioners, Sri.D.Somasundaram, contended that a statutory duty is cast on the Returning Officer to conduct election without any interruption. According to him, if any identity card is fake, the Returning Officer could have ascertained the same in exercise of the powers conferred under R.35(3)(e) of the Kerala Co-operative Societies Rules.

4. Learned Government Pleader, Sri.N. Reghu Raj, on instructions submitted that fake identity cards were supplied from a room near a school at T. V. Junction, which is under the control of one S. V. Prasanna Kumar, a candidate for the election. When police got information and they raided the said place and recovered several identity cards of persons who are not members of the society. It was noticed that some of the identity cards were signed by the Secretary. It is also submitted by learned Government Pleader when police raided the place several persons fled from the place, and later police registered crime No.734 of 1998 of Pathanamthitta Police Station, against the Secretary of the Bank under S.420, 468, 471 and 353 IPC.

5. Addl. third respondent filed a detailed affidavit along with impleading petition. He also stated that no election could be conducted under law due to large number of fake identity cards produced by persons who are not members of the society. Reference was als