IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 20006 of 2009(U) -------------------------- PETITIONER(S): ----------------- 1. K.PUSHPAN, CHIRAYIL THEKKETHIL, AROOR P.O, ALAPPUZHA. 2. P.P.REAVEENDRAN, KULIKKANA PARAMBIL, AROOR P.O, ALAPPUZHA. 3. P.GOPINATHAN NAIR, PRABHA BHAVANAM, AROOR P.O, ALAPPUZHA. 4. K.SARADA, PERUPARAMBIL, KIZHAKKEVELI, AROOR P.O, ALAPPUZHA. 5. T.P.ANTONY, THOPPILPARAMBU, AROOR P.O, ALAPPPUZHA. 6. A.S.MOHAMMED, ARAKKAMALIKAYAKKAL, AROOR P.O, ALAPPUZHA. 7. REJIMON, THEKKETHOTTEKATTU VEEDU, AROOR P.O, ALAPPUZHA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR WPC NO.20006/2009 -2- RESPONDENT(S): ------------------- 1. AROOR CENTRAL SERVICE CO-OPERATIVE BANK LTD.NO.617, REPRESENTED BY ITS SECRETARY, AROOR (P.O) ALAPPUZHA DT. 2. THE ELECTORAL OFFICER, AROOR CENTRALSERVICE CO-OPERATIVE BANK LTD NO.617, (ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, CHERTHALA CIRCLE, ALAPPUZHA DT.) 3. RETURNING OFFICER AROOR CENTRAL SERVICE CO-OPERATIVE BANK LTD. NO.617 (KUTHIAYATHODU UNIT INSPECTOR, CHERTHALA CIRCLE, ALAPPUZHA DT.) GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 20006 OF 2009 (U) ===================== Dated this the 16th day of July, 2009 J U D G M E N T The election to the Board of Directors of the 1st respondent is scheduled to take place on 19/7/2009. In this writ petition, petitioners say that the rival faction, which is contesting the election, is planning to resort to voting on the strength of bogus identity cards. It is stated that coming to know of the aforesaid plans, petitioners have filed Exts.P3 and P4 before respondents 2 and 3, the Electoral Officer and the Returning Officer appointed for the conduct of the election. 2. In this writ petition, what they pray is that the aforesaid respondents be directed to take action on Exts.P3 and P4. Counsel makes reliance to Rule 35A(ix) of the Kerala State Co-operative Societies Rules, which reads as under: (ix) No ballot paper shall be issued to a member unless he produces his identity card and the polling officer is satisfied that that the member concerned is the same person, as noted in the voters list, furnished to him. When a ballot paper is issued the serial number of the ballot paper will be noted against the name of the member in the voters list. On receipt of such ballot paper the member shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in whose WPC 20006/09 :2 : favour he exercise his vote by inscribing a mark (x) against the name of the candidate or candidates, as the case may be, put the ballot paper in the ballot box, kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, a member is unable to inscribe the mark on the ballot paper, the polling officer or the Returning Officer shall allow the companion of the voter to exercise his vote as instructed by the voter. Before allowing the companion to vote on behalf of the voter the presiding officer should get a declaration from the companion in Form No.38 The fact that the respondents 2 and 3 are bound to ensure compliance of Rule 35A(ix) needs no reiteration. Now that the petitioners have expressed their apprehension by filing Exts.P3 and P4 and as the rule is as stated above, this writ petition is disposed of directing respondents 2 and 3 to take cognizance of Exts.P3 and P4 and do the needful in the matter in the light of the rules referred to above. ANTONY DOMINIC, JUDGE Rp