Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(KER) 33132

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 16TH DAY OF OCTOBER 2024/24TH ASWINA, 1946 WP(C) NO. 35970 OF 2024 PETITIONER: G.R. AJITH, AGED 51 YEARS, S/O. GOPALA PILLAI K., PRESIDENT, POLICE CO-OPERATIVE SOCIETY LTD. T 696, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS.
SMT.NISHA GEORGE SMT.KAVYA VARMA M. M.
SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695033
2 THE RETURNING OFFICER/OFFICE INSPECTOR ELECTION TO THE POLICE CO-OPERATIVE SOCIETY LTD. T 696, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
4 THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF POLICE, PANAVILA, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014 ADDL.5 RATHEESH S.S., MEMBER NO. 11523, POLICE CO-OPERATIVE SOCIETY LTD.T.696, NANDAVANAM, THIRUVANANTHAPURAM , WORKING AT TRAFFIC POLICE STATION, THIRUVANANTHAPURAM CITY.
ADDL.6 INSHAD I.R., MEMBER NO. 17197, POLICE CO-OPERATIVE SOCIETY LTD.T.696, NANDAVANAM, THIRUVANANTHAPURAM, WORKING AT TRAFFIC POLICE STATION, THIRUVANANTHAPURAM CITY *(ADDITIONAL RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER ORDER DATED 16.10.2024 IN I.A.NO.1 OF
2024)
BY ADVS.
SRI.P.C. SASIDHARAN SRI C.M. NAZAR,SC SRI.P.P. THAJUDHEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
N. NAGARESH, J.
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W.P.(C) No.35970 of 2024 `````````````````````````````````````````````````````````````
Dated this the 16th day of October, 2024

Advocates:
SMT.NISHA GEORGE, SMT.KAVYA VARMA M. M., SRI.GEORGE POONTHOTTAM (SR.), SRI.P.C. SASIDHARAN, SRI C.M. NAZAR, SC, SRI.P.P. THAJUDHEEN, SC

The court established that maintaining a secure and fair election environment is essential, necessitating restrictions on mobile phone usage and crowd control at polling stations.

Headnote:
Election - Co-operative Societies - Kerala Co-operative Societies Rules - Rule 35A(6)(n)(ix) - The court emphasized the need for a free and fair election process, directing measures to prevent intimidation and misuse of mobile phones during polling, referencing prior judgments and existing regulations.
Fact of the Case:

The petitioner, President of a Police Co-operative Society, raised concerns about potential law and order issues and voter intimidation during upcoming elections, citing previous incidents of bogus voting and misuse of identity cards.
Finding of the Court:

The court acknowledged the petitioner's concerns and referenced prior judgments to support the need for strict measures to ensure a fair election, including restrictions on mobile phone usage and crowd control at polling stations.
Issues: Whether the court should intervene to ensure a free and fair election process amidst concerns of intimidation and misuse of technology during voting.
Ratio Decidendi: The court held that ensuring a peaceful election environment is paramount, thus directing measures to prevent intimidation and misuse of mobile phones, in line with existing electoral regulations.
Final Decision: The writ petition was disposed of with specific directions to ensure a fair election process.

JUDGMENT

The petitioner is President of Police Co-operative Society Limited, Thiruvananthapuram which is a Primary Co-operative Society. By Ext.P1 Notification, election to the Managing Committee of the Society has been declared. The petitioner states that 22 candidates are contesting as candidates of two rival panels. Polling is scheduled to 19.10.2024.

2. According to the petitioner, though members of the Society are members of disciplined force, there is a possibility of major law and order issues during election.

During the previous election, polling could be conducted peacefully due to the timely interference made by this Court as per Ext.P2 judgment in W.P.(C) No.16053/2019.

3. The petitioner states that after issuance of Ext.P1 Notification, Whatsapp messages are being issued for collecting the details of members. The matter was brought to the notice of the Director General of Police. The petitioner reasonably believes that such data collection is intended to make fake identity cards. The respondents are not taking any action on the representation made by the petitioner.

4. It is further alleged that the rival faction is directing the policemen to take photographs of ballot papers after casting their vote so as to ensure that members cast vote in favour of the rival panel alone. Taking of photographs inside the polling booth using electronic devices are overlooked by Returning Officers.

5. There are attempts to terrorise voters by gathering in front of polling stations in large numbers, thereby indirectly intimidating the members and preventing them from free exercise of their voting right. This Court had appointed an Observer to oversee the conduct of election during the last election. The petitioner therefore seeks to direct respondents 1 and 2 to avoid gathering of persons at a distance of 100 metres from the polling booth on the date of polling. The petitioner further seeks to direct that the members of the Society do not carry their mobile phones inside the polling booth. The petitioner also prays to appoint an Advocate Commissioner to oversee the election.

6. The additional 5th respondent, who is impleaded in the writ petition, submits that the petitioner as President of the Society has no locus standi to file the writ petition. There was no complaint from any member that their right of exercising franchise is likely to be affected. The attempt of the petitioner is to see that ineligible persons are permitted to vote. In the previous election, there were complaints of issuing bogus identity cards.

7. The additional 5th respondent alleges that large number of identity cards are kept with the petitioner and he is misusing the same. The Society is having more than 9000 members. Keeping mobile phones outside the polling station is impractical. Even in the general election, no such restrictions or limitations are imposed. The writ petition is without any merit and it is liable to be dismissed.

8. The Government Pleader submitted that election is scheduled to be held on 19.10.2024 in the Panchayat Association Hall, Vellayambalam. The 4th respondent will be extending all assistance for conducting the election in a peaceful manner by deploying sufficient number of personnel. The police will provide a foolproof security scheme for the election. Ext.P5 complaint was received by the 3rd respondent on 14.10.2024 only and immediately, it was sent to the Assistant Commissioner of Police (Cantonment) for enquiry. Requisite further action will be taken based on the enquiry.

9. Heard.

10. The apprehension of the petitioner is that bogus identity cards will be issued and bogus voting will be resorted to by rival candidates. The petitioner also apprehends that large gatherings around the police station will be arranged to intimidate the voters. If free usage of mobile phones is permitted in the polling booth, that will affect voting with free will. There is likely to be law and order issues also.

11. From Ext.P2 judgment, it is seen that there

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