Point of Law: Rule 35A of Kerala Co-operative Rules, 1969 deals with procedure regarding conduct of election to committee of Societies by State Co-operative Election Commission.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The appellant, who is a candidate in the election scheduled to be held on 12.11.2023 at MGM LP School, Thiruvalla, to the Managing Committee of the 8th respondent Society - Thiruvalla Primary Co-operative Agricultural and Rural Development Bank Ltd. filed W.P. (C) No. 36914 of 2023, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 4 to 6, namely, the Superintendent of Police, Pathanamthitta, the Deputy Superintendent of Police, Thiruvalla and the Circle Inspector of Police, Thiruvalla Police Station, to afford sufficient police protection to the voters, polling booths and its premises during the day of polling, to elect the Managing Committee of the 8th respondent Society, scheduled to be held on 12.11.2023 at Thiruvalla M.G.M.L.P. School and to continue the same till the declaration of the results, without the same being obstructed or prevented by any other persons; a writ of mandamus commanding respondents 1 to 3, namely, the State Co-operative Election Commission, the Electoral Officer and the Returning Officer, to make arrangements to conduct the election to the Managing Committee of the 8th respondent Society, scheduled to be held on 12.11.2023 at Thiruvalla M.G.M.L.P. School and to continue the same in a fair manner and to ensure that election is conducted in accordance with the Kerala Co-operative Societies Act, 1969 and Rules made thereunder; a writ of mandamus commanding the respondents to make arrangements to install CCTV cameras at the entrance of the polling station and to videograph the entire polling process on 12.11.2023, till the declaration of results, in the premises where the election is conducted, including the entry point of the venue and also at the polling station; a writ of mandamus commanding the 3rd respondent-Returning Officer and the 7th respondent-District Collector, Pathanamthitta, to ensure verification of identity cards especially the Aadhar card using the devices available to verify the genuineness of the said card so also the Form-6A card produced with reference to Form-6B register maintained by the 8th respondent Society scrupulously, without any dilution, before allowing the person to cast his/her vote in the polling scheduled on 12.11.2023; a writ of mandamus commanding the 3rd respondent Returning Officer and also the Polling officers to verify the identity cards before allowing a person to cast his/her vote, as mandated under law; a writ of mandamus commanding the 3rd respondent Returning Officer and the 7th respondent District Collector to conduct election to the Managing Committee of the 8th respondent Society in a free and fair manner, allowing only the members having identity cards issued by the Society in Form-6A to cast their vote; and an order of this Court appointing an Advocate Commissioner to oversee/observe the election to the Board of Directors of the 8th respondent Society, scheduled to be held on 12.11.2023, and to give a report to this Court regarding the steps taken.

2. Going by the averments in the writ petition, the election to the Managing Committee of the 8th respondent Society is conducted on political lines between the supporters of the United Democratic Front (UDF) and CPI(M). There are 26 candidates supported by UDF and CPI(M), contesting for the 13-member Managing Committee. In the writ petition, it is alleged that, due to the inability to win the election to the Managing Committee of the Society through a democratic path, the CPI(M) members will resort to violence and disrupt the election, in order to pave the way for a Managing Committee consisting of the members from the party in power and/or they will try to win the election through illegal means. The 2nd respondent Electoral Officer and the 3rd respondent Returning Officer are acting arbitrarily and favouring the candidates of the ruling party. Any sort of violence would affect the sm