IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2452 of 2010(F) ------------------------------------- PETITIONER(S): ---------------------- M.T. JAYAN, CHAIRMAN ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION ,EDAPPALLY, ERNAKULAM DISTRICT. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- 1. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE RETURNING OFFICER (ASSISTANT DIRECTOR O/O. DAIRY DEVELOPMENT DEPARTMENT, ERNAKULAM, ERNAKULAM), ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION, EDAPPALLY, ERNAKULAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K.SURENDRA MOHAN, J ........................................... WP(C).NO. 2452 OF 2010 ............................................ DATED THIS THE 27TH DAY OF JANUARY, 2010 JUDGMENT The petitioner is the Chairman of the Board of Directors of the Ernakulam Regional Co-operative Milk Producers' Union and a candidate for the election to the Board of Directors of the Union notified by the Kerala State Election Commission. According to the petitioner, there have been instances of genuine voters being prevented from reaching the polling station by large number of persons, who are not delegates of the Union being brought for the purpose, by the rival party. According to him, by such methods, efforts have been made to manipulate the election process to the advantage of one of the contestants. Therefore, the petitioner has approached this court seeking the following reliefs. “Issue a writ of mandamus directing the respondents to provide the video graphing of the polling scheduled as per Ext.P1 on 30.1.2010 from the beginning till the end of the Wpc 2452/2010 2 polling including the counting at the Head Office of the Union at Edappally. ii)Issue such other order or direction, as this court may deem fit and proper in the interest of justice”. 2. The prayers made by the petitioner are opposed by the learned Government Pleader. He points out that there have been instances where the persons who had been directed to bear the expenses of video graphy have not cared to pay the amounts incurred, thereby burdening the Returning Officer with such expenses. Therefore, he prays for incorporation of sufficient safeguards to ensure that the expenses are paid by the petitioner in this case. 3. I have considered the rival contentions of the parties. It has been brought to my notice that a Division Bench of this court has issued similar directions in Ext.P4 judgment. In Ext.P3 judgment also, similar directions have been issued for videographing the entire polling process. In this case also, I am of the view that there is no harm in the entire polling process being videographed, as requested for by the petitioner. Such a course would ensure transparency of the entire process. Since similar orders have been issued by this court in the Wpc 2452/2010 3 past, a similar order can be issued in this case also. 4. In the above circumstances, I direct the second respondent, Returning Officer to arrange for videographing of the polling process in the election to the Board of Directors of the Ernakulam Regional Co-operative Milk Producers' Union, scheduled as per Ext.P1 notification to be held on 30.1.2010, from the beginning till the end of the polling, including counting. The entire expenditure for the same shall be borne by the petitioner. The videographing shall be arranged by the Returning Officer, who shall direct the petitioner to deposit in advance, the estimated expenditure for the same with the Returning Officer. The Returning Officer shall also decide how the videographing should be done. The Returning Officer shall retain the videographs to be produced before the appropriate authority, as and when necessity for such production arises. The videographing should not violate the secrecy of the polling process. The Writ petition is disposed of as above. Issue copy urgently. K.SURENDRA MOHAN, JUDGE lgk