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A.K Kunhimohammed

High Court Of Kerala|19 June, 2014
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JUDGMENT / ORDER

RAMACHANDRA MENON, J. The petitioners, who are candidates for the Director Board Election of Koduvally Service Co-operative Bank, have approached this Court seeking direction to the respondents 1 to 4 to afford adequate police protection to conduct the election scheduled to be held on 22.6.2014 as per Ext.P4 notification. The above election is rescheduled as per the direction of this Court in W.P.(C) No.23008/12 and W.P.(C)No.21362/12 which was confirmed in W.A.No.187/2014 by a Division Bench of this Court.
2. The sequence of facts narrated in the writ petition shows that the election to the Board of Directors was originally scheduled on 09.09.2012. The bank approached this Court by filing W.P.(C) No.20419/2012, wherein an interim order of police protection was granted for the smooth conduct of the election as per Ext.P1. Subsequently, the matter was disposed of and the election W.P(. C)No.14985 OF 2014 : 2 :
proceedings were pursued. In spite of the direction given by this Court, the election was intercepted by the respondents in the middle and as per the direction of this Court the election is rescheduled. As per Exts.P2 and P3 judgments, this Court directed the Election Commission to conduct the election from the stage where it is stopped. The petitioners submitted Ext.P5 before the police authorities. Their apprehension is that since respondents 9 to 10 who are the present Administrative Committee Members and the members of the Union, will create further problem to obstruct the election. Hence this writ petition.
3. Heard learned Government Pleader appearing for respondents 1 to 5. Despite completion of service of notice to the party respondents, they have not chosen to appear before this Court.
4. After hearing learned counsel for the petitioners and learned Government Pleader appearing for official respondents and also taking note of the materials on record, this Court finds that the election scheduled to be conducted on 22nd of this month has to be conducted in a peaceful manner without being intercepted by any of W.P(. C)No.14985 OF 2014 : 3 :
the party respondents. Accordingly, there will be a direction to the respondents 1 to 4 to take all necessary steps to render adequate and effective protection for conducting election scheduled on 22nd of this month vide Ext.P4 and if at all there is any threat to the law and order situation, do the needful.
Writ petition is disposed of accordingly.
MANJULA CHELLUR, Chief Justice jes P.R.RAMACHANDRA MENON, Judge
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Title

A.K Kunhimohammed

Court

High Court Of Kerala

JudgmentDate
19 June, 2014
Judges
  • Manjula
  • P R Ramachandra Menon
Advocates
  • Sri
  • P V Kunhikrishnan