High Court of KeralaWP(C)/39611/2015disposed of

Oachira Service Co-Operative Bank Ltd.No.1391 v. State Of Kerala

2015-12-23Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 PETITIONERS :- -----------------------

1. OACHIRA SERVICE CO-OPERATIVE BANK LTD.NO.1391, OACHIRA P.O. - 690 526, REPRESENTED BY ITS SECRETARY.

2. AMBAT ASHOKAN, CONVENOR, ADMINISTRATIVE COMMITTEE, OACHIRA SERVICE CO-OPERATIVE BANK LTD No. 1391, OACHIRA P.O. - 690 526.

BY ADV. DR.K.P.PRADEEP RESPONDENTS : - --------------------------

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (CO-OPERATION), GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM - 695 001.

2. KERALA STATE CO-OPERATIVE ELECTION COMMISSION, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.

3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), JR OFFICE, KOLLAM - 690 523.

4. ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), DEPARTMENT OF CO-OPERATION, KARUNAGAPALLY, KOLLAM - 690 523.

5. RETURNING OFFICER/ A & E-I INSPECTOR, O/O THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), DEPARTMENT OF CO-OPERATION, KARUNAGAPALLY, KOLLAM - 690 523.

6. P.B. SATHYADEVAN, SECRETARY, AREA COMMITTEE COMMUNIST PARTY OF INDIA (MARXIST), PERUTHARA, VALIYAKULANGARA, OACHIRA P.O., KOLLAM - 690 526.

7. NOUSHAD K., SECRETARY, LOCAL COMMITTEE COMMUNIST PARTY OF INDIA, OACHIRA LOCAL COMMITTEE, OACHIRA P.O., KOLLAM - 690 526.

BY SR. GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER'S EXHIBITS :

EXHIBIT P1 : TRUE COPY OF THE NOTIFICATION No. E(1) 4226/2015/SCEC DATED 16.11.2015 ISSUED BY THE 4th RESPONDENT. EXHIBIT P1(a) : TRUE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2 : TRUE COPY OF THE COMMUNICATION No. 447/2007-PLN-IV DATED 17.01.2007 ISSUED BY THE ELECTION COMMISSION OF INDIA.

RESPONDENTS' EXHIBITS : NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 39611 of 2015 ---------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The first petitioner, a Co-operative Bank, and the second petitioner, the Convenor of the Administrative Committee at the helm of the affairs of the first petitioner, have filed the present writ petition seeking a direction to the fifth respondent to hold the election on 27.12.2015, the notified date, under the surveillance of video cameras.

2. In response to the submissions made by the learned counsel for the petitioners, the learned Government Pleader has submitted that the respondents are willing to provide video surveillance of the election provided the petitioners meet the expenditure.

3. The learned counsel for the petitioners, on his part, has submitted that the petitioners are willing for the same. In the facts and circumstances, having regard to the submissions of the learned counsel for the petitioners and the learned Government Pleader for the respondents, this Court disposes of the present writ petition with a direction to the fifth respondent to provide the electronic surveillance by

W.P.(c) No. 39611 of 2015 recording of the election process on the pre-condition of the petitioners' depositing the requisite amount to be demanded by the fifth respondent.

DAMA SESHADRI NAIDU JUDGE DMR/-