Kerala High Court
WP(C)/41218/2016 of M/S. POTHANICAD FARMERS' COOPERATIVE BANK LTD NO. 3510 Vs STATE CHIEF ELECTION COMMISSIONER (COOPERATIVE SOCIETIES), TRIVANDRUM on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C).NO.41218 OF 2016 (B) PETITIONER(S): M/S. POTHANICAD FARMERS' COOPERATIVE BANK LTD NO.3510, POTHANICAD, KOTHAMANGALAM, ERNAKULAM DISTRICT, PINCODE-686
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C).NO.41218 OF 2016 (B)
PETITIONER(S):
M/S. POTHANICAD FARMERS' COOPERATIVE BANK LTD NO.3510, POTHANICAD, KOTHAMANGALAM, ERNAKULAM DISTRICT, PINCODE-686 671, REPRESENTED BY ITS PRESIDENT, M.M.MATHAI, S/O.MATHAI, AGED 61 YEARS.
BY ADVS.SRI.P.RAMAKRISHNAN
SMT.PREETHI KESAVAN
RESPONDENT(S):
--------------
1. STATE CHIEF ELECTION COMMISSIONER (COOPERATIVE SOCIETIES), TRIVANDRUM-695 101. TRIVANDRUM-695 101.
2. ELECTORAL OFFICER/ASSISTANT REGISTRAR GENERAL, KOTHAMANGALAM CIRCLE, PINCODE-686 691. KOTHAMANGALAM CIRCLE, PINCODE-686 691.
3. RETURNING OFFICER,
KOTHAMANGALAM UNIT INSPECTOR, COOPERATIVE SOCIETIES ASSISTANT REGISTRAR'S OFFICE, KOTHAMANGALAM, PINCODE-686 691.
BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).41218/2016(B)
APPENDIX
PETITIONER(S)' EXHIBITS:
P1: COPY OF ELECTION NOTIFICATION PUBLISHED BY THE STATE CHIEFELECTION COMMISSIONER (COOPERATIVES) DATED 29.11.2016.ELECTION COMMISSIONER (COOPERATIVES) DATED 29.11.2016.
P2: COPY OF IDENTITY CARD ISSUED TO ARYA BY THE POTHANICAD FARMER'SCOOPERATIVE BANK LTD.COOPERATIVE BANK LTD.
P3: COPY ELECTION IDENTITY CARD ISSUED TO ARYA BY THE ELECTIONCOMMISSION.COMMISSION.
P4:COPY OF INTERIM ORDER DATED 13.12.2016 PASSED BY THIS HONORABLECOURT IN WP[C]NO.39540/2016.COURT IN WP[C]NO.39540/2016.
RESPONDENT(S)' EXHIBITS:-NIL
KRJ
/TRUE COPY/
P.A. TO JUDGE
DEVAN RAMACHANDRAN, J
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41218 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016
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JUDGMENT
The petitioner is aggrieved by the fact that for an ensuingelection, the concerned authorities had demanded that thecandidates present themselves with the identity cards along withthat has been issued by the co-operative society under Form 6A ofthe Co-operative Societies Act. Their apprehension is that if thedocuments that are now sought to be presented by the voters arenot in conformity with the Form 6A identity cards, they would befound dis-entitled to cast their votes in the election.
2. I heard Sri.P.Ramakrishnan, the learned counsel for the petitioner and the learned Senior Government Pleader appearing onbehalf of the respondents.
3. It is ineluctable from the provisions of the statute that Form 6A identity cards are issued as a primary mode of identifying themembers of the society. Any other mode with respect to otheridentity cards, as are enumerated in Exhibit P1, would only be forthe purpose of corroboration and to confirm the identity of thepersons presenting themselves with Form 6A identity card. This WP(C).41218/16
being the situation, I am of the view that if the voters, including thepetitioner, present themselves for voting with Form 6A identity card,they shall be allowed to cast their votes and if there is any doubt asto whether the identity, as shown in Form 6A, requires acorroboration, the competent authority will be entitled to insist onany of the other cards, as are enumerated in Exhibit P1. I make itclear that the cards that are mentioned in Exhibit P1 shall only beused for the purpose of corroboration and verification of theidentity, and nothing else and that Form 6A identity card wouldrequired to be given primacy for the purpose of allowing the votersto cast their votes.
4. The directions issued herein are also fortified and inconsonance with the directions contained in the judgment of thisCourt dated 21.12.2016 in W.P(C) No.40432 of 2016, wherein asimilar factual situation was earlier considered.
With the above, no further orders are required. Writ petitionis ordered as above.
krj.30/12
Sd/-
Devan Ramachandran, Judge