IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 RP.No. 967 of 2008(U) --------------------- AGAINST THE JUDGEMENT IN WPC.24330/2008 .................... RESPONDENTS/RESPONDENTS: ----------------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MANJERI, MALAPPURAM. 2. THE RETURNING OFFICER, ANAKKAYAM SERVICE CO-OPERATIVE BANK LTD.NO.F-880, ANAKKAYAM/ INSPECTOR OF CO-OPERATIVE SOCIETIES, MALAPPURAM UNIT, OFFICE OF THE ASSISTANT REGISTRAR (G) OF CO-OPERATIVE SOCIETIES, MANJERI, MALAPPURAM DISTRICT. 3. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN RESPONDENTS: PETITIONER: ------------------------ BOARD DIRECTORS OF THE ANAKKAYAM SERVICE CO-OPERATIVE BANK LTD., NO. F 880, ANAKKAYAM,MALAPPURAM REPRESENTED BY ITS SECRETARY. BY ADV.SRI.P.P.JACOB. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- R.P.No.967 OF 2008 IN W.P(C).24330 OF 2008 ------------------------------------------- Dated this the 5th day of September, 2008 O R D E R The elected committee in office drew up a resolution for conducting election. By the judgment sought to be reviewed, it was directed that the election shall be conducted in terms of that resolution. The expediency to have it done was also indicated having particular regard to the fact that on the day before that judgment, I had dismissed a writ petition challenging supercession of that elected committee. As of now, it is stated that the Division Bench has admitted a writ appeal against that judgment and the learned Judges have granted stay of the administrator taking charge. 2. This review petition is filed on the premise that the administrator had already taken charge and had issued a resolution to the Election Commission informing that the venue fixed for the election should be changed though the election can be on the same day. The review petition is filed essentially for a RP.967/08 Page numbers clarification that the election shall be conducted in a different venue. The venue proposed by the administrator is strongly challenged by the writ petitioner by way of objections placed on record through its secretary, in para 5 of which, specific statements are made to the effect that the new location suggested is wholly inappropriate. Para 5 of the objections reads as follows: The place fixed in Ext.P12 is after the Election Commission personally verified the available places in the locality. Based on the instruction of the commission, the committee discussed the matter, conducted site verification and considered all and necessary matters and decided to fix the place. The place fixed is suitable for conducting election. There is two separate building with well built wooden partition. Sufficient space is available to arrange more than five booths and the place is accessible to transport facilities. At the same time, the place suggested by the Administrator is in the hill top, about one kilometer away and the area is the known locality/place of goondas and other antisocial elements. Further to reach the above hill top, only a narrow Panchayat road is available. Further in the entrance of the said road, a three storied building vide name Comrade Impicihi Bava Smakara Mandiram, a three storied building functioning as CPIM committee office. In the building more than five hundred people can be assembled. Hence the intention is clear that independent voter will not be able to reach the poling RP.967/08 Page numbers station in the event of conducting election in the proposed place. The intention of the administrator is to help the CPIM party to cast fake votes creating fearful scene. 3. The supercession order was stayed pending the writ petition and on dismissal of the writ petition, the administrator is stated to have taken charge. The supercession order was again stayed by the Division Bench in the writ appeal. The spirit of the interlocutory order issued by the Division Bench obviously advises that this review petition is only to be dismissed since the State Co-operative Election commission would be well founded in not acting on the suggestions of the administrator, who had been there, may be for a few days, in the interregnum. For the aforesaid reasons, this review petition is dismissed and it is clarified that the election shall be held in the school as stated in the resolution, Ext.P12 in writ petition No.24330/08. The police officers having jurisdiction over the area are directed to see that necessary force is deployed to ensure smooth conduct of the election since it is submitted by the learned Government RP.967/08 Page numbers Pleader on behalf of the State that the police report is that the school suggested in Ext.P12 is not a properly secured place. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.