Videography during election without causing any manner of disturbance to the voters shall be permitted: Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY THE 12TH DAY OF FEBRUARY 2021 23RD MAGHA 1942 W.P.(C) No.3025 OF 2021(C AGED 42 YEARS W O. SRENDRAN.C. PPK BHAVAN PATTANUR THALASSERY TALUK KANUR 670 595 BY ADV. SRI.PRANOY K.KOTTARAM THE RETURNING OFFICER ELECTION TO THE PATTANUR VILLAGE VANITHA CO OPERATIVE SOCIETY KOLAYAD UNIT INSPECTOR OFFICE OF THE ASST. REGISTRARKUTHUPARAMBA KANNUR 670 643 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE TALAP KANNUR CIRCLE INSPECTOR OF POLICE POLICE STATION MATTANNUR KANNUR 670702 THE SECRETARY PATTANUR VILLAGE VANITHA CO OPERATIVE SOCIETY LIMITED NO. C. 1254 PATTANURKANNUR 670 SRI GRASHIOUS KURIAKOSEFOR PETITIONER SRI SUNIL NATH N.B GOVERNMENT PLEADER SRI LAKSHMI NARAYAN R1 SRI SIVARAMAN P.L R4 THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON 12.02.2021 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING W.P.(C) No.3025 OF 2021(C JUDGMENT The petitioner who is the President of the managing committee of Pattanur Village Vanitha Co operative Society Ltd. has filed this writ petition under Article 226 of the Consitution of India seeking a writ of mandamus commanding the 1st respondent to verify the validity of the identity card of each voter with the Form 6B register maintained in the Society in the presence of the 4th respondent Secretary in the election to the managing committee of the Pattanur Village Vanitha Co operative Society Ltd scheduled to be conducted on 14.02.2021. The petitioner has also sought for a writ of mandamus commanding the respondents to take all necessary steps for conducting fair and transparent election to the new managing committee of Pattanur Village Vanitha Co operative Society. Going by the averments in the writ petition election to the new managing committee of the Society in question is scheduled to be held on 14.02.2021. In connection with the previous election to the managing committee of the Society the Co operative Arbitration Court Kozhikode by order dated 10.01.2014 found certain irregularities in the conduct of election. The petitioner submitted Ext.P1 representation dated W.P.(C) No.3025 OF 2021(C 30.01.2021 before the 1st respondent Returning officer the 2nd respondent Superintendent of Police Kannur and also the 3rd respondent Circle Inspector of Police Mattannur Kannur and thereafter moved this writ petition seeking the aforesaid reliefs. On 05.02.2021 when this writ petition came up for admission the learned Government Pleader was directed to get On 11.02.2021 the learned Standing Counsel for State Co operative Election Commission took notice on admission for the 1st respondent Returning Officer. The learned Government Pleader took notice on admission for respondents 2 and 3 and urgent notice on admission by e mail was ordered to 4th respondent returnable by 12.02.2021. The learned counsel for the petitioner was directed to furnish the e mail ID and also a scanned copy of this writ petition to the Registry Heard the learned Senior Counsel for the petitioner the learned Standing Counsel for the State Co operative Election Commission for the 1st respondent Returning Officer the learned Government Pleader for respondents 2 and 3 and also Sri. Adv. P L. Sivaraman the learned counsel for the 4th respondent. The Kerala Police Act 2011 is enacted to consolidate W.P.(C) No.3025 OF 2021(C and amend the law relating to the establishment regulation powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3 the Police as a service functioning category among the people as part of the administrative system shall subject to the Constitution of India and the laws enacted thereunder strive in accordance with the law to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order integrity of the nation security of the State and protection of human rights Section 4 of the Act deals with functions of Police. As per Section 4 the Police Officers shall subject to the provisions of the Act perform the functions enumerated in clausestoof Section 4. As per clause the Police Officers shall enforce the law impartially and as per clausethe Police Officers shall protect the life liberty property human rights and dignity of all persons in accordance with the law. Lord Denning in The Due Process of law has described the role of the Police thus In safeguarding our freedoms the police play vital role. Society for its defence needs a well led well W.P.(C) No.3025 OF 2021(C trained and well disciplined force or police whom it can trust and enough of them to be able to prevent crime before it happens or if it does happen to detect it and bring the accused to justice. The police of course must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man s house without authority. They must not use more force than the occasion warrants In Manohar Lal Sharma v. Principal Secretary 2014) 2 SCC 532] the Apex Court held that one of the responsibilities of the police is protection of life liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in Ankush Maruti Shinde v. State of Maharashtra15 SCC 470]. The learned Standing Counsel for the State Co operative Election Commission would submit that the 1st respondent Returning Officer shall take necessary steps to ensure free and fair election to the managing committee of the Society in question. Videograph of the process of the election can be arranged at the request of the petitioner on condition that the W.P.(C) No.3025 OF 2021(C entire expense has to be met by the petitioner herself 10. The learned Government Pleader on instructions would submit that the 3rd respondent Circle Inspector of Police shall take necessary steps for the smooth conduct of the election taking note of the directions contained in Circular No.28 2013 of the State Police Chief dated 20.11.2013 In such circumstances this writ petition is disposed of by directing respondents 2 and 3 to ensure smooth conduct of election to the managing committee of Pattanur Village Vanitha Co operative Society Ltd. which is scheduled to be held on 14.02.2021 strictly in accordance with the directions contained in the Circular dated 20.11.2013 issued by the State Police Chief. The 1st respondent Returning Officer shall ensure that there is no bogus voting or impersonation of voters by having the identity of the voters verified with reference to the relevant records maintained in the Society the identity card issued in Form 6A or and any one of the document specified in the Explanation to Rule 35A(6)(n)(ix) of the Kerala Co operative Societies Rules and also Form 6B register maintained in the Society If the petitioner makes a written request before the 1st respondent Returning Officer to videograph the process of election W.P.(C) No.3025 OF 2021(C at her own expenses the said request shall be favourably considered by the said respondent. Such videography shall be permitted without causing any manner of disturbance to the voters and officials or in any manner interfering with the balloting done in the polling booths ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.3025 OF 2021(C PETITIONER S S EXHIBITS TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 

Summary: During the process of election, videography shall be permitted, without causing any manner of disturbance to the voters and officials or in any manner interfering with the balloting done in the polling booths. This was decided in the case of Ajitha K. vs The Returning Officer &amp; Ors [W.P.(C) No.3025 OF 2021(C)] and the judgement was given by Hon’ble Mr. Justice Anil K. Narendran. The petition was filed by the President of the managing committee of Pattanur Village Vanitha Co-operative Society Ltd., has filed this writ petition under Article 226 of the Consitution of India, seeking a writ of mandamus commanding the 1st respondent to verify the validity of the identity card of each voter with the Form 6B register maintained in the Society, in the presence of the 4 th respondent Secretary in the election to the managing committee of the Pattanur Village Vanitha Co-operative Society Ltd. The petitioner has also sought for a writ of mandamus commanding the respondents to take all necessary steps for conducting fair and transparent election to the new managing committee of Pattanur Village Vanitha Co-operative Society. It would be submitted by the learned Senior Counsel for the State Cooperative Election Commission that the 1st respondent, Returning Officer shall take necessary steps to ensure free and fair election to the managing committee of the Society in question. Videography of the process of the election can be arranged at the request of the petitioner, on condition that the entire expense has to be met by the petitioner herself. It was stated in the judgement that, “If the petitioner makes a written request before the 1st respondent Returning Officer to videograph the process of election, at her own expenses, the said request shall be favourably considered by the said respondent. Such videography shall be permitted without causing any manner of disturbance to the voters and officials or in any manner interfering with the balloting done in the polling booths.”