IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33605 of 2009(U) -------------------------- PETITIONER(S): --------------- SAJI BENNY, MEMBER & CANDIDATE, KADAPLAMATTAM SERVICE CO-OPERATIVE BANK LTD., KADAPLAMATTAM.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE RETURNING OFFICER, KADAPLAMATTAM SERVICE CO-OPERATIVE BANK LTD., KADAPLAMATTOM-P.O, KOTTAYAM DISTRICT. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.33605 of 2009 ================== Dated this the 24th day of November, 2009 J U D G M E N T The petitioner is a candidate in the election to the managing committee of the Kadaplamattam Service Co-operative Bank Ltd., which is scheduled to be held on 29.11.2009. The petitioner alleges that unless appropriate safeguards are made, there is likelihood of malpractice in the election by preventing genuine voters from voting in the election and by bogus voting. The petitioner, therefore, submits that the only way to prevent the same is to get the polling process videographed. The petitioner, therefore, seeks the following reliefs; “i) Issue a writ of mandamus directing the respondents to provide the video graphing of the polling scheduled as per Ext.P1 on 29.11.2009 at St.Antony's High School, Kadaplamattam from the beginning till the end of the polling including the counting at the two entrances of the school. ii) Issue such other order or direction, as this court may deem fit and proper in the interest of justice.” 2. This is stoutly opposed by the learned Government Pleader. He submits that the allegations made by the petitioner are not correct and are not supported by any evidence on record. He also submits that no provision in the Kerala Co-operative Societies Act and Rules permits videographing of the polling process. Therefore, the Government Pleader submits that there is no merit in the prayers of the petitioner. 3. I have considered the rival contentions in detail. 4. There are instances of Division Benches of this Court permitting such videographing in view of the situation prevailing in a 2 particular society in the election process. In view of the serious allegations raised by the petitioner, I am of opinion that no harm would be caused to anybody if the Returning Officer arranges for videographing the polling process at the expense of the petitioner. In fact it would only ensure transparency in the election process. 5. In the above circumstances, I direct the 2nd respondent- Returning Officer to arrange for videographing of the poling process in the election to the managing committee of the Kadaplamattam Service Co-operative Bank Ltd. scheduled to be held on 29.11.2009 from the beginning till the end of the polling including counting, at the two entrances of the polling stations. The entire expenses for the same shall be borne by the petitioner. The 1st respondent shall ensure that the Returning Officer arranges for the videograping as directed above. It would be in the discretion of the Returning Officer to decide how the videograping has to be done. But he shall ensure that the entire polling process is videographed. The Returning Officer shall retain the videograph to be produced before the appropriate authority, if necessity arises. The videographing shall not violate the secrecy of the poling process. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3