IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 28973 of 2008(Y) ----------------------------------------- PETITIONER(S): ------------------------- E.J.JOSEPH, ILLIKKAL HOUSE, PARAKADAVU P.O., KAVILUMPARA VIA,KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------------------- 1. MARUTHONKARA SERVICE CO-OPERATIVE BANK LTD., NO.D.2461, MARUTHONKARA, KOZHIKODE, REP. BY ITS SECRETARY. 2. THE ADMINISTRATOR, MARUTHONKARA SERVICE CO-OPERATIVE BANK LTD. NO.D 2461,MARUTHONKARA, KOZHIKODE/UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, VADAKARA, KOZHIKODE. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. 4. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. ADV. SRI.P.RAVINDRAN (Sr.) FOR R1 & R2 SRI.ANIL SIVARAMAN FOR R1 & R2 GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR FOR R3&R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008 ALONG WITH WPC NO. 29264 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.28973 & 29264 OF 2008 AND I.A.Nos.13272 & 13363 OF 2008 ------------------------------------------- Dated this the 28th day of October, 2008 JUDGMENT These writ petitions relate to the election to the committee of the Maruthonkara Service Co-operative Bank Ltd., which is now under the control of an Administrator. The venue for the polling was determined by the Administrator exercising his authority in lieu of the committee. Some controversy is generated on the identity of the venue so fixed. Having regard to the different aspects which arose for consideration and because the Administrator cannot be accused of any malice in the matter of the action taken by him, it was decided to take the opinion of the Kerala State Co-operative Election Commission in the matter, having regard to the fact that the Administrator was exercising authority under the control of the other officials in terms of the provisions of the Kerala Co-operative Societies Act and Rules. Accordingly, the Commission has placed a detailed report, along with memo dated 22.10.2008 filed by the learned Government Pleader. WPC.28973/08 & 29264/08 Page numbers 2. Considering the different venues available, the Commission took three venues as apparently suitable, viz., Adukkath M.L.P.School, Manaviyam Samskarika Nilayam and St.Mary's L.P.School. All the said venues are close to the Kuttiyadi-Mullamkunnu-Pasukkadavu P.W.D. road. Making a comparison between the said three venues, the Commission opined that Adukkath M.L.P.School is the eastern most ward of the panchayat and if a venue is fixed at this ward, the entire voters in other 12 wards have to travel to this ward. The Commission concluded that this is not a feasible venue for the conduct of the election, though the group represented by the petitioners show that elections were conducted during the previous years in the said school. The Commission also noted that at the time when the Administrator took the decision regarding the venue, the management of the said school was not willing to have the election conducted in that school. 3. As regards St.Mary's L.P.School, Maruthonkara, the Commission noticed that almost all voters from various wards of the panchayat can directly reach that venue by a single service WPC.28973/08 & 29264/08 Page numbers vehicle and that one branch of the bank is also located there. But a major disadvantage for that venue, as noticed by the Commission, is that it is very near to the Maruthonkara St.Mary's Forane Church and the police authorities have already reported that there is possibility of law and order problems in the election if it is conducted there. It appears that the Commission had taken note of the fact that the properties of that church is the subject matter of certain controversies between certain fractions and that this is likely to generate communal tension. 4. The Commission had further identified the Manaviyam Samskarika Nilayam which is a premise belonging to the grama panchayat. The Commission is of the opinion that most of the voters, except around 450 voters in the peripheral wards of Thuvattupoil, Kathode and Moilathara, can reach that venue directly by bus or jeep in a single journey and that the residents of those three wards can reach that spot traveling less than three k.m. after reaching Mullamkunnu Junction. It was also noticed that the panchayat has also alloted this venue for conducting the WPC.28973/08 & 29264/08 Page numbers election on 30.11.2008. Among the three venues identified, on the aforesaid reasoning, the Commission itself has recommended that Manaviyam Samskarika Nilayam owned by the Msruthonkara grama panchayat is the most suitable venue for the conduct of the election to the bank in question. Under such circumstances, it is suggested by the Commission that the election will be conducted in that venue. 5. On behalf of the petitioners, it is pointed out that there is a toddy shop very near to the said building and that there is also a Public Health Centre immediately near to that. Availability of a Public Health Centre may not be a nuisance for a polling centre as may be a toddy shop, in certain circumstances. 6. Therefore, taking into consideration the report of the Kerala State Co-operative Election Commission and having regard to the controversies raised by the parties relating to the venue, it is ordered that the election in question, which is scheduled to be on 30.11.2008, will be held in the Manaviyam Samskarika Nilayam of the Maruthonkara grama panchayat. WPC.28973/08 & 29264/08 Page numbers However, this judgment or the choice made by the Commission will not be binding for all times to come and it will be open to the committee or the Administrator to take appropriate decision as may be necessary in the case of venues to elections in future. The State Government, including the District Collector or the Additional District Magistrate having jurisdiction over the area will, if requested for by the Returning Officer, take necessary steps to ensure that there is no breach of law and order in the locality, having particular regard to the fact that a toddy shop is situated near to the said venue. These writ petitions are ordered accordingly. Since the presence of the persons sought to be impleaded are not necessary for adjudication of the questions raised in these writ petitions, all impleading petitions are dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.