The court upheld the administrator's discretion in fixing the polling venue, emphasizing that judicial interference is limited to clear illegality or irrationality.

JUDGMENT :

K.V. JAYAKUMAR, J.

Impugning the judgment of the learned single judge in W.P(C) No.12803 of 2025 dated 07.04.2025, the writ petitioner preferred this writ appeal.

2. The appellant/ writ petitioner Sri.C.K.Aravindakshan is a member of the 4^th respondent society, namely the Pullur Service Co-operative Bank Ltd. The aforementioned society is managed by a part-time administrator, and there is no elected managing committee in the society.

3. The 3^rd respondent, part-time administrator of the society, decided to conduct an election to the Managing Committee on 10.05.2025, fixing the polling station at Government Vocational Higher Secondary School, Ambalathara. The aforesaid resolution was forwarded to the 1^st respondent, the State Co-operative Election Commission, under Rule 35A (1) of the Kerala Co-operative Societies Rules 1969.

4. The State Co-operative Election Commission issued Ext.P6 notification scheduling the polling on 10.05.2025 and fixing the venue of polling at Government Vocational Higher Secondary School, Ambalathara. The appellant/petitioner submitted Ext.P4 representation to fix the venue of election at Government UP School, Pullur, as it is easily accessible to the voters.

5. The appellant/petitioner challenged Ext.P6 election notification to the extent of fixing the polling station at Government Vocational Higher Secondary School, Ambalathara, and sought a direction to refix the polling station at Government UP School, Pullur.

6. The stand of the respondents was that the Government Vocational Higher Secondary School, Ambalathara is having large area, building and premises, which is more suitable and convenient to accommodate more than five thousand members/voters. The respondents also contended that the apprehension of the appellant/writ petitioner with regard to electoral fraud is without any basis.

7. The learned single judge, noticing the rival contentions of the counsel for the parties, dismissed the writ petition holding that, this Court does not want to interfere with the decisions of the administrator, choosing the venue of polling.

8. The learned counsel for the respondents supported the judgment of the learned single Judge. According to the respondents, this Court is not expected to interfere in such matters.

9. On the other hand, the learned Senior Counsel Sri.George Poonthottam, assisted by Sri.Anshin K.K submitted that the impugned judgment is legally unsustainable. It is submitted that the venue of the polling for Pulloor Service Co- operative Bank Ltd. was Government UP School, Pulloor, for the past 30 years, and it is more convenient for the voters to exercise their franchise without any fear. The new venue, i.e. Government Vocational Higher Secondary School, Ambalathara, would cause undue hardships to the voters.

10. The apprehension of the writ petitioner is that, if the polling is conducted at Government Vocational Higher Secondary School, Ambalathara, there is every possibility for election fraud. The new polling venue is near to ‘Kalliyot’, wherein, two youngsters, namely Kripesh and Sarathlal, were brutally murdered.

11. Upon hearing the submissions of the learned counsel for the parties and appraisal of the paper book, we do not find any illegality in the findings of the learned Single Judge. However, considering the apprehension of the appellant/writ petitioner of election fraud and violence, we are of the considered opinion that this writ appeal can be disposed of, with the following directions;

1) The appellant/writ petitioner may move an application before the Superintendent of Police, Kasaragod District for securing the assistance of police for the smooth conduct of the election.

2) If the petitioner moves an application within 10 days from the date of receipt of the copy of the judgment, the Superintendent of Police shall render necessary police assistance in order to ensure a free and fair election in the society.

The Registry shall forward a copy of this judgment to the Director General of