IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21288 of 2009(E) -------------------------- PETITIONER(S): --------------- ABRAHAM JOSEPH, PRESIDING, CHERTHALA MILK SUPPLIES & MARKETING CO-OPERATIVE SOCIETY LTD., NO. A-157, CHERTHALA, ALAPPUZHA 688 524. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- CHERTHALA MILK SUPPLIES & MARKETING CO-OPERATIVE SOCIETY LTD., NO . A 157, (DAIRY FARM INSTRUCTOR B-UNIT, CHERTHALA). BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21288 OF 2009 ------------------------ Dated this the 29th day of July, 2009. JUDGMENT Election to the managing committee of the first respondent Society is scheduled to be held on 2.8.2009 and the petitioner is one of the candidates. According to the petitioner, he apprehends large scale of voting on the strength of bogus ID cards. He also expects trouble at the venue of voting allegedly at the instance of the rival faction. On this basis he has filed Ext.P2 representation to the 2nd respondent and has filed this writ petition with the following prayers. “i. to issue a writ of mandamus or any other writ, directing the respondents to ensure that voters with doubtful identity are permitted to cast their votes in the election to the Managing Committee of the Ist respondent Society, scheduled to be held on 28.2009, only after ensuring their identity by comparison of the voters photograph in the identity card with the photograph in the Form 6 B register. ii. To issue a writ of mandamus directing the 2nd respondent to permit the election proceedings scheduled to be held on 2.8.2009 to the managing committee of the Ist respondent to be video graphed by engaging a professional videographer. WP(c).No.21288/09 2 2. In so far as the first prayer that the identity of the voters should be ensured by comparing with the ID cards, this prayer cannot be said to be unjustified. However, a direction to that effect is necessary, only in cases where identity of the voter concerned is under dispute. Therefore it is directed that in cases where the identity of any voter is disputed, the 2nd respondent shall verify the identity of the person concerned by comparing with the photograph available in the Identity Card issued to the voter. 3. In so far as the 2nd prayer for taking video graph of the voting is concerned, in several cases of this nature, such orders have been passed and therefore consistent with the above, there will be a direction to the 2nd respondent to permit video graphing of the voting at the venue of the voting, which shall be at the cost of the petitioner and under the direction of the 2nd respondent. It is clarified that the original of the video graph/CD shall be retained by the 2nd respondent and a copy thereof shall be given to the petitioner. WP(c).No.21288/09 3 Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.21288/09 4