IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29095 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. MOIDEENKUTTY, KOORIMANNIL PARAPPURATH, ANAKKAYAM P.O., MALAPPURAM DISTRICT. 2. KARUVATHODI KUNHUNNI, KARUVATHODI COLONY, ANAKKAYAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.P.JACOB SRI.N.T.SATHYAVAN RESPONDENT(S): --------------- 1. 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. 2. THE ELECTORAL OFFICER, ANAKKAYAM SCB LTD.NO.F 880/ASSISTANT REGISTRAR (G), OF CO-OPERATIVE SOCIETIES, MANJERI, MALAPPURAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM. 4. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM. R1 to R4 BY G.P.SRI.SANDHEESH RAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1- TRUE PHOTOCOPY OF THE REPRESENTATION DT.11.7.2008 FORWARDED TO THE ELECTION COMMISSION THROUGH PROPER CHANNEL. EXT.P2- TRUE PHOTOCOPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE ELECTION COMMISSION DT.1.8.2008. EXT.P3- TRUE PHOTOCOPY OF THE ORDER DT.5.8.2008 ISSUED BY THE ELECTION COMMISSION TO THE FIRST RESPONDENT. EXT.P4- TRUE PHOTOCOPY OF THE RESOLUTION NO.2 DT.7.8.2008 WITH DOCUMENTS FORWARDED TO THE ELECTION COMMISSION. EXT;P5- TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C).24330/08 DT.22.8.2008. EXT.P6- TRUE PHOTOCOPY OF THE ORDER IN R.P.967/08 IN WP(C).24330/08 DT.5.9.08. EXT.P7- TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION DT.6.9.08. EXT.P8- TRUE PHOTOCOPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DT.23.9.08. EXT.P9- TRUE PHOTOCOPY OF THE PAPER PUBLICATION IN MADHYAMAM DAILY DT.23.9.08. EXT.P10- TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 AND 2 AND THE SOCIETY DT.26.9.08. RESPONDENTS' EXHIBITS: NIL. -TRUE COPY- P.S.TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29095 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of October, 2008. JUDGMENT The petitioners are members of Anakkayam Service Co-operative Bank Ltd.F 880. The first respondent is appointed as the Returning Officer and the second respondent is the Electoral Officer in connection with the ensuing election to the committee of that society. The apprehension of the petitioners is that there is likelihood of large scale abuse of fraudulent identity cards. The election has to be conducted under Rule 35A of the KCS Rules. The learned Government Pleader submits on instructions following notice that list of eligible voters was published, objections, if any, were finalized and there is no issue prevailing, in support of the apprehension of the petitioners. Since statutory rules clearly provide the procedure for WP(C)29095/08 -: 2 :- conducting such election, it is ordered that respondents 1 and 2 or officers deputed by them will ensure that identity of persons who come as voters will be ascertained in accordance with law. If they require any support of respondents 3 and 4, that shall also be appropriately given by them since the learned Government Pleader submits that respondents 3 and 4 have already been instructed to do the needful. This writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/031008