IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34717 of 2009(H) ------------------------------------- PETITIONER(S): ---------------------- C.J.ANNAKUTTY, MEMBER NO. 1836, PERAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO. 3103. KALOOR P.O., KALLOORKKAD - VIA, ERNAKULAM DISTRICT. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- 1. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE RETURNING OFFICER, PERAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO. 3103, KALOOR P.O., KALLOORKKAD VIA, ERNAKULAM DISTRICT. 3. PERAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO. 3013, KALOOR P.O., KALOORKKAD VIA, ERNAKULAM DISTRICT. REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 34717 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the December, 2009. J U D G M E N T The petitioner is a candidate in the election to the Board of Directors of Peramangalam Service Co-operative Bank Ltd. Ext.P1 notification has been issued notifying the dates of election, which has been amended by Ext.P1(a). The election is to be held on 6.12.2009. The petitioner apprehends bogus voting in the election. He submits that presently the board in power is likely to use all sorts of illegal methods to retain power of the society, one of which is resort to bogus voting. Therefore, according to the petitioner, it is necessary to ensure the identity of the voters which can be done only if the election process is videographed. The petitioner also alleges that bogus voters identity cards have already been prepared to enable bogus voting. The petitioner therefore seeks the following relief: “i) Issue a writ of mandamus directing the respondents to provide the video graphing of he polling scheduled as per Ext.P1 and P1(a) on 6-12-2009 at the Head office of the Bank from the beginning till the end of the polling including the counting at the two entrances of the school.” 2. This is opposed by the learned Government Pleader. He points out that if the petitioner's apprehension is regarding W. P (C) No. 34717 of 2009 -2- bogus voting, the identity of the voters can be very well ensured if identity cards produced by the voters are compared with Form 6B register maintained by the society for that purpose. According to the learned Government Pleader it is not necessary to videograph the election process at all. 3. I have considered the rival contentions in detail. 4. The petitioner has not been able to point out any specific instance which would normally give rise to a presumption that a candidate is likely to resort to illegal methods in the election. As such I do not think that on such material, I can direct the Returning Officer to adopt a method, which is not provided for in the Kerala Co-operative Societies Act and Rules. Of course in exceptional circumstances where there is likelihood of illegal methods being used in an election, as done by this court previously, videographing of the election process can be ordered. But that has to be based on some material on record. In this case such material is wanting. Therefore I am not inclined to direct the Returning Officer to videograph the election process. However, I feel that it is the cardinal duty of the Returning Officer to ensure that only members of the society votes in the election. For ensuring identity of the voters, the rules provide W. P (C) No. 34717 of 2009 -3- for issue of identity cards and comparing the identity cards with Form 6B register maintained by the Society. That being so, I direct the 2nd respondent to see that voting is done only by genuine members of the society by ensuring their identity by comparing identity cards with the Form 6B register maintained by the society. The writ petition is disposed of as above. S. Siri Jagan, Judge. rhs W. P (C) No. 34717 of 2009 -4-