IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 4097 of 2011(J) ------------------------- PETITIONERS: --------------- 1. S.LAJAPATHY, S/O. SUNDARESAN, AGED 60, NOW RESIDING AT VILAYIL VEEDU, VAKKOM P.O., THIRUVANANTHAPURAM. 2. S.BAIJU, MANDALAM PRESIDENT OF INDIAN NATIONAL CONGRESS, VAKKOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR RESPONDENTS: --------------- 1. D.AJAYAKUMAR, CPC(M) LOCAL COMMITTEE SECRETARY, VAKKOM-695 308, THIRUVANANTHAPURAM. 2. NARENDRAN NAIR, PRESIDENT, VAKKOM FARMER'S CO-OPERATIVE BANK, NO.542, VAKKOM P.O., PIN-695 308. 3. MANAGING DIRECTOR, VAKKOM FARMER'S CO-OPERATIVE BANK, NO.542, VAKKOM P.O., PIN-695 308. 4. CIRCLE INSPECTOR OF POLICE, KADAKKAVUR POLICE STATION, KADAKKAVUR, PIN-695 306. GOVT.PLEADER, SMT.CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C).No.4097 OF 2011 -------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T ~~~~~~~~~~~~ Thottathil B. Radhakrishnan, J. The petitioners belonging to a particular political faction has filed this writ petition on the premise that the rival faction is likely to create law and order problem in connection with the election to the committee of the Vakkom Farmer's Co-operative Bank, No.542, Vakkom. This allegation is insufficient to pass any order as sought for. If the State Co-operative Election Commission, which has fixed the election schedule or if the Returning Officer appointed to conduct election apprehends any law and order problem in connection with the election, the police are duty bound to provide adequate support to that machinery to conduct the election, in accordance with law. If there is any law and order issue outside the election premise, obviously, it is for the police to maintain the law and order. Either way, there can be no judicial order which could be used or abused by the parties. Hence, we order the Writ Petition W.P.(C) No.4097/2011 2 directing that if the State Co-operative Election Commission or the Returning Officer makes any request to the police, such request will be considered by the competent authority. Writ Petition ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (P.S.GOPINATHAN, JUDGE) ps