Elections of cooperative societies must adhere strictly to statutory provisions, limiting the court's ability to appoint observers despite any requests.

JUDGMENT

Anil K. Narendran, J.

The appellant, namely, Malanad Service Co-operative Bank Ltd., K. 340, Vagamon, a Co-operative Society registered under the provisions of the Kerala Co-operative Societies Act , 1969, filed W.P.(C)No.30797 of 2023, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Station House Officer, Vagamon Police Station, to afford adequate and sufficient police protection for the smooth conduct of the polling and counting scheduled to be held on 15.10.2023, from 9.00 a.m. to 4.00 p.m., at Government High School, Vagamon, to elect the Managing Committee of the Society; a writ of mandamus commanding the 3rd respondent Returning Officer to verify the identity cards brought by the members with the register of identity cards maintained by the Society in Form 6B, in case any dispute arises regarding the identity of the voters; and permission to the Society to record the proceedings of the polling and counting in video and appoint an Advocate Observer to oversee the entire proceedings of the polling and counting scheduled to be held on 15.10.2023, from 09.00 a.m.

to 4.00 p.m., at the Government High School, Vagamon.

2. Ext.P1 is a copy of the election notification dated

01.09.2023 issued by the 2nd respondent State Co-operative Election Commission and Ext.P2 is a copy of the representation dated 08.09.2023 made by the Secretary of the Society before the 1st respondent Station House Officer, seeking police protection. Ext.P3 is a copy of the circular dated 20.11.2013 issued by the State Police Chief, in the light of the judgment of this Court dated 17.10.2013 in W.P.(C)No.24603 of 2013, whereby it was ordered that the Police would, by themselves, without any direction from any court, ensure that elections in Co-operative Societies are conducted smoothly, without any disturbance to the law and order.

3. By the impugned judgment, the learned Single Judge disposed of W.P.(C)No.30797 of 2023, directing the 1st respondent to provide adequate police protection for the smooth conduct of the election scheduled to be held on 15.10.2023. If the Society makes a request, the 3rd respondent Returning Officer shall arrange videography at the expense of the Society. However, the prayer for the appointment of an Advocate Observer to oversee the entire proceedings of the polling and counting scheduled to be held on 15.10.2023 was declined. The operative portion of the judgment dated 27.09.2023 reads thus;

“The writ petition is disposed of with the following directions;

(i) The 1st respondent shall provide adequate Police protection for the smooth conduct of the election scheduled to be held on

15.10.2023.

(ii) If the petitioner makes a request before the 3rd respondent for videography, the same shall be arranged at the expense of the petitioner.

(iii) As regards the prayer for the appointment of an observer, I do not think that circumstances warrant such a direction.”

4. Heard Sri. P.V.Baby, the learned Counsel for the appellant Society, Smt. K.M. Rashmi, the learned Senior Government Pleader and Sri. C.M. Nazar, the learned Standing Counsel for the State Co-

operative Election Commission.

5. The learned Counsel for the appellant would contend that the learned Single Judge went wrong in not appointing an Advocate Observer to oversee the entire proceedings of the polling and counting scheduled to be held on 15.10.2023, to elect the Managing Committee of the Society. The learned counsel would point out that, in the nearby Kattappana Service Co-operative Bank and Koovappilly Service Co-operative Bank in Kottayam District, a learned Single Judge of this Court appointed Advocate Observers to oversee the election process. The learned counsel has handed over for the perusal of this Court a copy of the interim order dated 22.03.2023 of a learned Single Judge in W.P.(C)No.10049 of 2023, in respect of Anapanthy Service Co-operative Bank Ltd. in Kannur Dist