IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34387 of 2009(P) -------------------------- PETITIONER(S): ----------------------- K.K.SURESH BABU, AGED 39 YEARS, S/O. K.K.KUTTAPPAN, KUTTIYIL HOUSE, SOUTH CHITTOOR, KOCHI-27. BY ADV. MR.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE RETURNING OFFICER, CHERANELLOOR SERVICE CO-OPERATIVE BANK LTD.NO.62, CHERANELLOOR P.O., KOCHI-682 034. BY GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 34387 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd December, 2009. J U D G M E N T The petitioner is a candidate for election to the Managing Committee of the Cheranelloor Service Co-operative Bank Ltd. The petitioner has filed this writ petition seeking a direction to the Returning Officer to videograph the election process to avoid possibility of bogus voting in the election. According to the petitioner the previous instances in the society gives a definite apprehension in the minds of the voters that the board in power in the society as likely to resort to illegal methods in the election to retain power in the society. The petitioner points out that in view of the likelihood of breach of peace in the election, the petitioner has approached this court for police protection for peaceful conduct of the election by filing the W.P(C) No. 34315 of 2009, in which a Division Bench of this court was pleased to direct the police to grant adequate police protection in the conduct of election to the above said Co-operative society. 2. I have heard the learned Government Pleader also. 3. I am of opinion that in view of the fact that a Division W. P (C) No. 34387 of 2009 -2- Bench of this court has found it necessary to direct the grant of police protection, the petitioner's apprehension cannot be stated to be unfounded. In such circumstances, it is only appropriate that the Returning Officer ensures transparency in the election process. A Division Bench of this court had earlier accepted videographing of the election process as a method for ensuring transparency in election. Further no body would be prejudiced if the election process is videographed at the expense of the petitioner. In the above circumstances, I am inclined to allow the prayer of the petitioner. Accordingly the 2nd respondent is directed to videograph members of the society who participate in the election process. Entire expenses for the process of videographing the election process shall be borne by the petitioner. The petitioner undertakes to pay the same to the Returning Officer on demand. This undertaking is recorded. The mode of videographing shall be decided by the 2nd respondent Returning Officer. The original of the videograph shall be retained by the Returning Officer. A copy of the same shall be made available to the petitioner within one week from the date of election. However, I make it clear that such W. P (C) No. 34387 of 2009 -3- videographing shall not affect the secrecy of the polling process. The learned Government Pleader shall inform the above directions to the 2nd respondent. The writ petition is disposed of as above. S. Siri Jagan, Judge. rhs W. P (C) No. 34387 of 2009 -4-