IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 WA.No. 986 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13372/2008 Dated 29/04/2008 .................... APPELLANT: RESPONDENTS IN WPC ----------------------------- 1. THE RETURNING OFFICER (THE ASSISTANT 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 RESPONDENTS: PETITIONER ----------------------- K.J.PHILIP, EX-PRESIDENT KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. KOTTAYAM. (S/O.LATE JOSEPH, KUZHIKULAM HOUSE VALAVOOR P.O., PALA, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI.A.G.ANEETHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & V.GIRI, JJ. ---------------------- W.A.No.986 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 J U D G M E N T R.BASANT Claiming to be aggrieved by an interim order issued in writ petition filed by the first respondent herein, the appellant (respondent No.1 in the writ petition) has come before this court. The first appellant is the returning officer appointed to conduct election to the Kottayam District Co-operative Bank on 03/05/2008. The second respondent, the State Co-operative Election Commission is also figuring as one of the appellants i.e the second appellant. By the impugned interim order, the learned Single Judge had directed “to arrange for video graphing of the polling schedule 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 writ petitioner as per the request of the first appellant herein.” 2. The learned counsel for the appellant contends that there is no provision in the Co-operative Societies Act or the Rules which justify or warrant issue of such directions. It is conceded that admittedly there is no specific bar against such W.A.No.986/08 2 video graphing of the polling schedule. We are unable to agree that the impugned order does affect any rights of either of the appellants. The learned Single Judge has obviously directed such video graphing in view of the allegations raised about possible corrupt practices which may take place in the election to be held. We find absolutely no merit in the contention that such direction to video graph would in any way affect the rights of the appellant or would in any way affect the proper conduct of the elections. At any rate, we think that there will only be greater transparency of the electoral proceedings and in any view of the matter the impugned order, according to us, does not warrant interference in this appeal. 3. This appeal is in these circumstances dismissed. It is not necessary at this stage to express any authentic opinion on the acceptability of the materials collected by such video graphing of the polling schedule. The same can certainly be considered at the appropriate stage by the appropriate forum. (R.BASANT, JUDGE) (V.GIRI, JUDGE) jsr W.A.No.986/08 3 W.A.No.986/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007