IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32683 of 2011(I) -------------------------- PETITIONER(S): --------------- OONNUKAL SERVICE CO-OPERATIVE BANK LTD. NO.E.58, REPRESENTED BY ITS SECRETARY, P.O.OONNUKAL, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR, ERNAKULAM-682 030. 2. THE CHIEF ELECTORAL OFFICER, THIRUVANANTHAPURAM-695 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32683/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- A TRUE PHOTO COPY OF THE ORDER NO.H1-12480/2011 DATED 22/3/2011. EXHIBIT P2- TRUE PHOTO COPY OF THE ORDER DATED 5/5/2011. EXHIBIT P3- A TRUE COPY OF THE RESOLUTION DATED 3/5/2011 ALONG WITH COVERING LETTER DATED 6/5/2011. EXHIBIT P4- A TRUE PHOTOSTAF COPY OF THE POSTAL ACKNOWLEDGMENT CARD. EXHIBIT P5- A TRUE PHOTOSTAT COPY OF THE ORDER DATED 2/11/2011 WAS HANDOVER TO THE PETITIONER IN THE MORNING ON 6/12/2011. EXHIBIT P6- A TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 6/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32683 OF 2011 ===================== Dated this the 8th day of December, 2011 J U D G M E N T Petitioner is a Co-operative Bank. In this writ petition, their grievance is against Ext.P5, the proceedings of the 1st respondent requisitioning the vehicles mentioned therein for the use of the Electoral Registration Officers appointed in connection with the Piravom Bye-election. Among the various vehicles, the vehicle belonging to the Bank also has been requisitioned. According to the petitioner, Bank is having four branches and that for various activities concerning the Bank, they have only one vehicle, which if requisitioned will affect the normal functioning of the Bank. 2. On behalf of the respondents, standing counsel has filed a statement, para 5 of which reads as under:- “There are 51179 houses in Piravom Assembly constituency comprised in 12 Panchayats. 272 officers have been deployed for the purpose of field verification of electoral roll. The field verification has to be completed on or before 15.12.2011. For the purpose of these 272 officers 17 vehicles have been requisitioned by the District Election officer in exercise of the powers under WPC No.32683/11 :2 : Section 160 of the Representation of the People Act, 1951. The vehicle belonging to the Writ Petitioner has also been requisitioned for the said purpose. Election duties justify and require top most priority and such vehicles should be released by the officers in control of vehicles who receive the requisition. The vehicles in the custody of certain Panchayats pointed out by the Writ Petitioner will also be requisitioned for the purpose of the bye-election process at various stages. The fuel charges are met from the election fund.” 3. Petitioner does not challenge the authority of the respondents to requisition the vehicle for conduct of the election in terms of the provisions contained in the Representation of the People Act, 1951 and the only issue is that the requisitioning will cause avoidable inconvenience to the Bank. It is seen that urging the unavoidable circumstances requiring the retention of the vehicle for petitioner's use, the Bank has already filed Ext.P6 before the 1st respondent. Therefore, I direct the 1st respondent to deal with Ext.P6 within two weeks of production of a copy of this judgment. 4. Yet another grievance of the petitioner is regarding the non payment of the vehicle fare for using the vehicle in WPC No.32683/11 :3 : connection with the Assembly elections of 2011. In so far as this grievance is concerned, learned standing counsel for the respondents undertakes that the matter will be enquired into and that the claim will be settled within one month. This submission is recorded. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp