IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J.
C.K. Aravindakshan, S/o. Late v. Kelu - appellant
Versus
The State Co-Operative Election Commission - Respondents
WP(C) NO. 12803 OF 2025
Decided on : 07-04-2025
(A) Kerala Co-operative Societies Rules, 1969 - Rule 35A(1) - Election management - The Part-time Administrator fixed the polling station for the Society's election at Govt. Vocational Higher Secondary School, Ambalathara, on 10.05.2025, despite the petitioner's request for Govt. U.P. School, Pullur, citing accessibility concerns. The court found that the Administrator's decision was based on the convenience of voters and the suitability of the venue, dismissing the petitioner's claims of electoral fraud and bias. (Paras 1 - 5 )
(B) Jurisdiction of Court - The court held that it cannot interfere with the decisions of statutory authorities regarding election venues, as these are factual matters within their jurisdiction. (Paras 5 - 6 )
Facts of the case:
The petitioner challenged the election notification, arguing that the new polling station was less accessible and prone to electoral fraud, while the Administrator defended the choice based on logistical considerations.
Findings of Court:
The court upheld the Administrator's decision, emphasizing the importance of convenience and suitability in polling station selection.
Issues: The main issues were the appropriateness of the polling venue and the court's jurisdiction to review the Administrator's decision.
Ratio Decidendi: The court ruled that the choice of polling venue is a factual matter for statutory authorities, and the court should not interfere unless there is clear evidence of illegality or irrationality.
Result: Writ petition dismissed.
JUDGMENT :
The petitioner is a member of the 4th respondent Society. Presently, the 3rd respondent, the Part-time Administrator is managing the affairs of the Society and there is no elected Managing Committee in the Society. The 3rd respondent vide Ext.P3, took a decision to conduct the election to the Managing Committee of the 4th respondent Society on 10.05.2025 fixing the polling station at Govt. Vocational Higher Secondary School, Ambalathara. The resolution was forwarded to the State Co-operative Election Commission, the 1st respondent as required under Rule 35A(1) of the Kerala Co-operative Societies Rules, 1969 (for short, ‘KCS Rules’). The 1st respondent, as per Ext.P6, notified the election to the Managing Committee of the Society scheduling the polling on 10.05.2025 and fixing the venue of polling at Govt. Vocational Higher Secondary School, Ambalathara. It is submitted that the Part-time Administrator has fixed the polling station ignoring Ext.P4 representation submitted by the petitioner requesting to fix the venue of Election at Govt. U.P. School, Pullur as it is easily accessible to the voters. The petitioner has filed this writ petition challenging Ext.P6 election notification to the extent of fixing the polling station at Govt. Vocational Higher Secondary School, Ambalathara and to direct the 3rd respondent to adopt resolution to fix the polling station at Govt. U.P. School, Pullur.
2. It is submitted by the petitioner that the elections to the Managing Committee of the Society was held at Govt. U.P. School, Pullur for the last more than 30 years. It is stated that the Govt. Vocational Higher Secondary School, Ambalathara is situated more than 7 Kilometers away from the Head Office of the Society and located in the boarder of the area of operation of the Society. The Govt. U.P. School, Pullur is easily accessible and more convenient to the voters to cast their vote. It is also stated that the Govt. Vocational Higher Secondary School, Ambalathara is situated near to ‘Kalliyoottu’ which is an area prone to political violence. It is stated that the venue has been shifted to Govt. Vocational Higher Secondary School, Ambalathara, to facilitate bogus voting and electoral fraud. It is further stated that the Part-time Administrator is acting to the whims and fancies of political masters in fixing the polling station.
3. A counter affidavit has been filed by the 3rd respondent, the Part-time Administrator wherein it is stated that there are 5600 members and the Govt. U.P. School, Pullur is not convenient to conduct a proper and convenient election. The Govt. Vocational Higher Secondary School, Ambalathara is having large area, buildings and premises, for which it is convenient to conduct election, for members above 5000. It is further stated that the election was conducted at the U.P. School, Pullur, when the number of members was low. It is further stated that the Govt. Vocational Higher Secondary School, Ambalathara is situated within the area of operation of the Society and is suitable to the voters. It is further stated that there are vehicular traffic facilities from all parts of the area of operation of the Society to the polling station. It is also stated that students from all parts of the area are studying in the Govt. Vocational Higher Secondary School, Ambalathara. It is further stated that the local Police Station is located just within 150 meters from the Govt. Higher Secondary School, Ambalathara. It is also stated that the apprehension of the petitioner with regard to electoral fraud are without any basis. It is stated that the election will be conducted with Police Assistance.
4. Heard Sri. George Poonthottam, the learned Senior Counsel assisted by Sri. Anshin K.K, for the petitioner, Sri. M. Sasindran, the learned Counsel for the 3rd respondent, Sri. C. M. Nazar, the learned Standing Counsel for the 1st respondent and the learned Government Pleader.
5. As per the provisions contained under Rule 35A(1) of t
The court cannot interfere with the statutory authority's decision on polling venue, as it is a factual matter within their jurisdiction.
The court upheld the administrator's discretion in fixing the polling venue, emphasizing that judicial interference is limited to clear illegality or irrationality.
Elections conducted in violation of statutory rules regarding voter lists and fixation of date by unauthorized officials are invalid.
Elections for co-operative committee may proceed despite irregularities if initiated with consent and legal framework, emphasizing the importance of not disrupting the electoral process once underway....
The court upheld the necessity of conducting elections for a co-operative society as per established rules, emphasizing that procedural irregularities do not impede ongoing democratic processes once ....
The allocation of polling stations by the State Election Commission is within its discretion, and courts can only review the decision-making process, not the legality of the choices made.
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.
Kerala Co-operative Societies Act deal with procedure for adjudication of any dispute arising in connection with election of board of management or any officer of a Co-operative Society.
The special provision made for a specific purpose in Bye law No. 35 prevails over the general law in Bye law No. 29, governing and regulating election meetings.
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