IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26591 of 2009(T) -------------------------- PETITIONER(S): --------------- BOARD OF DIRECTORS, THE MATTOM SERVICE CO-OPERATIVE BANK LTD.NO.140 MATTOM P.O., THRISSUR DISTRICT REPESENTED BY ITS PRESIDENT M.K.APPU. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S): --------------- 1. RETURNING OFFICER, THE MATTOM SERVICE CO-OPERATIVE BANK LTD.NO.140 MATTOM P.O., (OFFICE INSPECTOR, OFFICE OF THE ASSISTSANT REGISTRAR (G) OF CO-OPERATIVE SOCIETIES, THALAPPALLY). 2. ELECTORAL OFFICER, THE MATTOM SERVICE CO-OPERATIVE BANK LTD.NO.140, MATTOM P.O., ASSISTANT REGISTRAR (G) OF CO-OPERATIVE SOCIETIES, THALAPPALLY. GOVT. PLEADER SHRI.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26591/09 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTIFICATION DTD.6.8.09. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.26591 of 2009 ================== Dated this the 25th day of September, 2009 J U D G M E N T The petitioner is the president of the Board of Directors of the Mattom Service Co-operative Bank Ltd. The election to the managing committee of the Director Board of the Bank is scheduled to be held on 27.9.2009. The petitioner claims that the present managing committee consists of the members owing allegiance to the opposition party in the State and they had been elected last time to power with thumping majority. According to the petitioner, the ruling party is in bent on breaking the strangle hold the opposition has in this particular society. For the same, the rival party is likely to resort to all sorts of illegal means to come to power in the society is the apprehension of the petitioner. The petitioner apprehends that bogus identity cards are likely to be presented by voters to vote in the election. The petitioner, therefore, seeks the following reliefs: “i) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to ensure that voters with doubtful identity are permitted to cast their votes in the election to the managing committee of the petitioner bank, scheduled to be held on 27.09.09, only after ensuring their identity by comparison of the voters photograph in the identity card with the photograph in the Form 6B register maintained in the bank. ii) and to grant such other reliefs as this Hon'ble court may deem fit to grant, in the interest of justice.” W.P.C.26591/09 2 2. The learned Government Pleader , on instructions, disputes the contentions of the petitioner. According to the Government Pleader, so far no complaint whatsoever has been received in this regard. But the Government Pleader, on behalf of the respondents, assures this Court that every possible means would be adopted to ensure that only actual voters vote in the election. 3. The counsel for the petitioner submits that the only way to ensure that bogus identity cards are not used in the election is to compare the photographs in the identity cards with those in the Form 6B Register maintained in the society. 4. Having heard both sides, I dispose of this writ petition with a direction to the respondents to see that every identity card produced by the voters during the election process shall be verified by comparing the photographs in the identity card with that in Form 6B register. The respondents shall summon Form 6B register from the society and keep it ready for use for this purpose before the start of the polling. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge W.P.C.26591/09 3