IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5069 of 2009(C) ------------------------- PETITIONER(S): --------------- SHAJI AUGUSTIAN,AGED 41 YRS, S/O.AUGUSTIAN,MANNOOR HOUSE,BISON VALLEY, POTTANKADU.P.O. BY ADV. SRI.P.VIJAYAKUMAR SRI.K.M.KURIAN RESPONDENT(S): --------------- 1. THE ELECTION COMMISSIONER,STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE POTTANKADU SERVICE CO-OPERATIVE BANK POTTANKADU.P.O,UDUMBENCHOLA TALUK,REP; BY ITS SECRETARY. 3. ASSISTANT REGISTRAR(GENERAL)/ELECTORAL OFFICER,THE UDUMBENCHOLA CO-OPERATIVE SOCIETY CIRCLE, NEDUMKANDOM.P.O. 4. A & E INSPECTOR/RETURNING OFFICER, THE UDUMBENCHOLA CO-OPERATIVE SOCIETY CIRCLE, NEDUMKANDOM.P.O. 5. SURENDRAN, S/O.ACHUTHAN, PULLAMPLAVIL HOUSE, BISON VALLEY,POTTANKADU.P.O. R1, R3 & R4 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY MR.G.JANARDHANA KURUP, SENIOR ADVOCATE SRI.B.VINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.5069/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF NOTIFICATION. EXT.P2: TRUE COPY OF OBJECTION DATED 2.2.09. EXT.P3(a): TRUE COPY OF CERTIFICATE. EXT.P3(b): TRUE COPYOF VOTERS LIST. EXT.T3(c): TRUE COPY OF VOTERS LIST. EXT.P3(d): TRUE COPY OF VOTERS LIST. EXT.P3(e): TRUE COPY OF VOTERS LIST. EXT.P3(f): TRUE COPY OF VOTERS LIST. EXT.P4: TRUE COPY OF ORDER DATED 3.2.09. EXT.P5: TRUE COPY OF VOTERS LIST DATED 5.2.09. EXT.P6: TRUE COPY OF CIRCULAR DATED 16.1.93. EXT.P7: COPY OF VOTERS ID FORMAT. EXT.P8: TRUE COPY OF REPRESENTATION. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5069 OF 2009 ------------------------------------------- Dated this the 19th day of February, 2009 JUDGMENT 1. The petitioner is one of the members of the second respondent, a co-operative society, to the committee of which, election is fixed and polling is scheduled to be held on 22.2.2009. The petitioner states that he made Ext.P2 objections to the preliminary list of voters and those objections have been rejected by the impugned Ext.P4. 2. Though I have considered the contents of Exts.P2 and P4, I do not deem it appropriate to foreclose either of the parties on that ground having regard to the scope of the jurisdiction of the arbitrator under Section 69 of the Kerala Co-operative Societies Act, 1969. Going beyond, the only plea that the petitioner could press at this point of time is that the election should be conducted in a free and fair manner. The petitioner apprehends that the identity cards are not being properly maintained and that there are also bogus and blank identity WPC.5069/09 Page numbers cards in circulation in the locality. These are just allegations and will remain allegations until they are proved. Learned senior counsel appearing for the bank points out that even there is no plea to this effect. Whatever that be, it is the prescription of law that admission of voters to the polling booths will be only on the basis of their identity being established with reference to the voter's identity cards and if there is any dispute as to the credibility of the voter's identity cards, the competent authority will have to cross check the identity cards with the Form 6B register. The Returning Officer and the Electoral Officer as also the first respondent Kerala State Co-operative Election Commission have to ensure that necessary measures are taken in accordance with law for having the election conducted strictly in terms of the law by maintaining a congenial atmosphere for a free and fair polling and election. All other issues are left open. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.19/2.