High Court Kerala High Court

Mathew Joseph vs The Returning Officer on 26 August, 2009

Kerala High Court
Mathew Joseph vs The Returning Officer on 26 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24662 of 2009(C)


1. MATHEW JOSEPH,S/O.K.M.JOSEPH,AGED 42 YRS
                      ...  Petitioner

                        Vs



1. THE RETURNING OFFICER,PALLIPPURAM
                       ...       Respondent

2. THE ELECTORAL OFFICER PALLIPURAM

3. PALLIPURAM VILLAGE SERVICE,CO.OP.BANK

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :26/08/2009

 O R D E R
                   ANTONY DOMINIC,J.
                ---------------------
                W.P.(C).No.24662 OF 2009
              ------------------------
          Dated this the 26th day of August, 2009.

                         JUDGMENT

The first prayer in this writ petition is as under.

“Issue a writ of mandamus or other appropriate
writ, order or direction, directing the respondents
1 and 2 to arrange for video graphing of the events
at the polling stations and verify the identity of the
voters with reference to the photographs on the
identity card and those in the Form 6B register, in
the election scheduled on 6.9.2009 pursuant to
Ext.P1. ”

2. Petitioner is presently the President of the 3rd

respondent Bank. It is stated that election to the Board of

Directors of the 3rd respondent is scheduled to be held on

6.9.2009 as per Ext.P1 notice published by the Election

Commission. Petitioner apprehends disturbances in the

election and attempt for bogus voting. Therefore, he made

a request to the Returning Officer to arrange for video

graphing of the events at the polling station and also to

verify the identity of the voters with reference to the

WP(c).No.24662/09 2

photographs in the ID card and Form 6B register.

3. Having regard to the nature of the apprehension

expressed by the petitioner and also taking into account the

fact that similar orders have been passed in writ petitions

filed by the similarly situated persons, one of which is Ext.P3,

the writ petition is disposed of with the following directions.

4. The first respondent shall arrange video graphing of

the events at the venue of voting, at the cost of the petitioner

and under the directions of the first respondent. It is

directed that original of the video graph/CD shall be retained

by the first respondent and copy thereof shall be issued to the

petitioner. It is further directed that, in case identity of

any particular voter is disputed, the identity of the voter

concerned shall be verified by the first respondent, by

comparing his photograph in the ID card with the photograph

in Form 6-B register.

WP(c).No.24662/09 3

Petitioner to produce a copy of the judgment before the

Ist respondent for compliance.

(ANTONY DOMINIC)
JUDGE
vi/

WP(c).No.24662/09 4