IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34051 of 2009(B)
1. T.NARAYANAN NAIR, AGED 72 YEARS,
... Petitioner
Vs
1. KERALA STATE CO-OPERATIVE ELECTION
... Respondent
2. THE RETURNING OFFICER,
3. THE SECRETARY,
For Petitioner :SMT.P.K.PRIYA
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/12/2009
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.34051 of 2009
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Dated this the 3rd day of December, 2009
J U D G M E N T
The petitioner is a member of the Payyannur Service Co-operative
Bank. The election to the Board of Directors of the Bank is to be held on
6.12.2009. The petitioner is aggrieved by the fixing of the venue of the
polling as the Municipal Higher Secondary School at Kandankali, which,
according to the petitioner, is an interior area, wherein a particular political
party is having considerable influence and they are likely to use men and
muscle power to influence the voters either to vote for their candidate or not
to vote at all. Therefore, the petitioner would seek a direction to the 1st
respondent to change the venue of the election to B.E.M.L.P. School or any
other suitable place in Payyannur town.
2. A counter affidavit has been filed by the 3rd respondent refuting
the contentions of the petitioner. I am of opinion that if the petitioner has
any apprehension of law and order problem in the election, the remedy of the
petitioner is to file an application for police protection. This Court cannot, on
the basis of the disputed allegations, direct the venue fixed for polling to be
changed, that too, at the last minute. Therefore, without prejudice to the
right of the petitioner to seek police protection for the election process
appropriately, this writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge