IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26591 of 2009(T)
1. BOARD OF DIRECTORS,
... Petitioner
Vs
1. RETURNING OFFICER,
... Respondent
2. ELECTORAL OFFICER,
For Petitioner :SRI.C.E.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :25/09/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.26591 of 2009
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Dated this the 25th day of September, 2009
J U D G M E N T
The petitioner is the president of the Board of Directors of the
Mattom Service Co-operative Bank Ltd. The election to the managing
committee of the Director Board of the Bank is scheduled to be held on
27.9.2009. The petitioner claims that the present managing committee
consists of the members owing allegiance to the opposition party in the
State and they had been elected last time to power with thumping
majority. According to the petitioner, the ruling party is in bent on
breaking the strangle hold the opposition has in this particular society.
For the same, the rival party is likely to resort to all sorts of illegal
means to come to power in the society is the apprehension of the
petitioner. The petitioner apprehends that bogus identity cards are
likely to be presented by voters to vote in the election. The petitioner,
therefore, seeks the following reliefs:
“i) to issue a writ in the nature of mandamus or any other appropriate
writ, order or direction commanding the respondents to ensure
that voters with doubtful identity are permitted to cast their votes
in the election to the managing committee of the petitioner bank,
scheduled to be held on 27.09.09, only after ensuring their identity
by comparison of the voters photograph in the identity card with
the photograph in the Form 6B register maintained in the bank.
ii) and to grant such other reliefs as this Hon’ble court may deem fit
to grant, in the interest of justice.”
W.P.C.26591/09 2
2. The learned Government Pleader , on instructions, disputes
the contentions of the petitioner. According to the Government
Pleader, so far no complaint whatsoever has been received in this
regard. But the Government Pleader, on behalf of the respondents,
assures this Court that every possible means would be adopted to
ensure that only actual voters vote in the election.
3. The counsel for the petitioner submits that the only way to
ensure that bogus identity cards are not used in the election is to
compare the photographs in the identity cards with those in the Form
6B Register maintained in the society.
4. Having heard both sides, I dispose of this writ petition with
a direction to the respondents to see that every identity card produced
by the voters during the election process shall be verified by
comparing the photographs in the identity card with that in Form 6B
register. The respondents shall summon Form 6B register from the
society and keep it ready for use for this purpose before the start of
the polling.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
W.P.C.26591/09 3