IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 WP(C).No. 14643 of 2010(E) -------------------------------------- PETITIONER(S): ----------------------- R. ASOKAN NAIR, PRESIDENT, POLICE STAFF CO-OPERATIVE SOCIETY, NO.T.696, VAZHUTHACAUD, TRIVANDRUM (NO.MN.NO.2339) BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, ADV. SRI.P.K.MANOJKUMAR. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE POLICE STAFF CO-OPERATIVE SOCIETY LIMITED, NO.T.696, VAZHUTHACAUD, TRIVANDRUM REPRESENTED BY ITS SECRETARY. 3. THE CO-OPERATIVE ELECTION COMMISSION, CO-BANK TOWER, VIKHAS BHAVAN P.O., THIRUVANANTHAPURAM. 4. THE RETURNING OFFICER (UNIT INSPECTOR) PEROORKADA UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 5. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 6. THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. 7. THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. R1, R4 TO R7 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.R.RAMACHANDRA MENON, JJ. ------------------- ------------------------------- W.P.(C)No.14643 OF 2010 ----------------------------------------------------- DATED THIS THE 13th DAY OF MAY, 2010 J U D G M E N T Basheer, J. The petitioner claims to be the President of the Police Staff Co-operative Society. The election of office bearers of the Society is scheduled to be held on 15.5.2010. Petitioner apprehends that certain members belonging to the rival group in the society may disrupt the peaceful and fair conduct of the election. It is submitted by the learned Senior counsel that the apprehension of the petitioner is likely to materialise, if an appropriate direction is not issued to the authorities concerned to ensure that the election is held in a proper and legal manner. Though the petitioner has submitted Exhibits P4 to P7 representations before the authorities concerned, it is his case that an appropriate direction has to be issued by this Court to ensure peaceful conduct of the election. 2. The learned Government Pleader submits that there is no room for any apprehension on the part of the petitioner, since the authorities are determined to see that there is no untoward incident on the day of the election. No member or group will be permitted to W.P.(C)No.14643/10 2 take law into their own hands and disrupt the election process, it is submitted by the learned Government Pleader. 3. Having heard the learned senior counsel and the learned Government Pleader, we do not find any reason to assume that the authorities concerned will not take adequate measures to see that the election is held in a proper manner. However, in the peculiar facts and circumstances of the case, respondent No.5 is directed to ensure that sufficient police personnel are posted at the venue of the election on May, 15, 2010 to see that the election is held in a peaceful manner. Similarly, respondent Nos.3 and 4 shall take all necessary steps to conduct the election in a proper and peaceful manner strictly in accordance with the rules/guide lines governing the same. The Writ Petition is disposed of with the above directions. A.K.BASHEER, JUDGE P.R.RAMACHANDRA MENON, JUDGE dsn