IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 WP(C).No. 13372 of 2008(P) -------------------------- PETITIONER: ------------ SRI.K.J.PHILIP, PRESIDENT, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. THE RETURNING OFFICER, (THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOTTAYAM), THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.13372 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 ORDER This is another writ petition pertaining to the election to the managing committee of the Kottayam District Co-operative Bank scheduled as per Ext.P1 for 03/05/2008. It is alleged that the electoral officer appointed by the Election Commission is perpetrating various illegalities for advancing the interest of those presently holding reigns of power in the Government. It is alleged that without any sanction of law the draft voters list which was furnished by the Board of Directors has been drastically amended by the electoral officer by including even liquidated societies. Several undemocratic methods are being adopted in the election. The petitioner apprehends that bogus persons will be allowed to cast votes in place of genuine and authorised delegates. Bogus voting, it is contended, can be prevented to a considerable extent if video graphing of the polling is permitted. Request for video graphing the polling has been turned down by the first respondent. 2. The writ petition has been filed inter alia for a direction to the first respondent to provide video graphing of the polling and for a declaration that respondents are under an obligation to ensure that only delegates of the primary societies who are issued with identity cards and carrying the identity cards are allowed to cast votes in the election and to record the casting of the vote by video graphing. 3. A detailed counter affidavit has been filed by the first respondent wherein the allegations raised in the writ petition are stoutly denied. The number of electorates is less than 200 and video graphing is absolutely unnecessary since only the voters who carry identity cards will be permitted to cast their votes. All necessary steps will be taken by the first respondent for ensuring that the polling goes on fairly and smoothly and that nobody other than genuine delegates cast their votes. 4. Sri.T.R.Ravi, learned counsel for the petitioner and Smt.Anu Sivaraman, learned Government Pleader addressed me on the request for interim relief. Though the request was very stiffly resisted by Smt.Anu Sivaraman and she cited judicial authorities before me, I am of the view that in the ensuing election where rival forces are said to be almost evenly poised, it is in the interest of all the candidates to have video graphing the polling and counting. 5. Under these circumstances, I am inclined to issue an interim order in the following terms: The respondents are directed to arrange for video graphing of the polling scheduled as per Ext.P1 at the bank hall of the Kottayam District Co-operative Bank from its commencement to the end and also the counting of votes on condition that the entire expenses incurred in that regard shall be paid by the petitioner as per the request of the first respondent. Hand over to both sides. PIUS.C.KURIAKOSE JUDGE sv. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 13372 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 JUDGMENT I have today passed an interim order which virtually grants to the petitioner the final relief in the writ petition. In view of that interim order, the writ petition is disposed of without granting further reliefs. PIUS.C.KURIAKOSE JUDGE sv.