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K.Jayaraj

High Court Of Kerala|25 November, 2014
|

JUDGMENT / ORDER

Ashok Bhushan, Ag.C.J.
Heard learned counsel for the petitioner and learned Government Pleader appearing for the State.
2. By this writ petition, the petitioner has prayed for a mandamus directing respondents 1 to 4 to afford adequate and effective police protection for the smooth conduct of fair election to the Board of Directors of the Payyannur Service Co-operative bank, Kannur District scheduled to be held on 30.11.2014.
3. The learned Government Pleader, after obtaining instructions, submits that, Circular No.28 of 2013 dated 20.11.2013 has already been issued by the State Police Chief instructing all police officers to ensure that election to the Managing Committees of Co-operative Societies are conducted smoothly without any disturbances to the law and order. The said circular has been issued in compliance of the Division Bench judgment dated 17.10.2013 in W.P.(C) No.24603 of WP(C) No. 31539 of 2014 -:2:-
2013. It is useful to quote the directions issued by the State Police Chief on 20.11.2013, which read as follows:-
“1. The police should ensure that the elections to the managing committees of co-operative societies within their jurisdiction are conducted smoothly without any disturbances to the law and order.
2. On receiving information about any impending election, the concerned Station House Officer is to inquire with the Returning Officer as to whether or not he expects any disturbances in the election and if necessary provide such police assistance required to conduct the elections smoothly.
3. The District Police Chief will ensure that the orders of the High Court regarding the conduct of election to various co- operative societies are strictly complied with.”
4. In view of general directions as noted above, police authorities are obliged to take steps to ensure that elections are conducted peacefully without any disturbances. Returning Officer may also request for necessary police assistance for conduct of election, if so required. There being already the above directions by Police Chief, as noted above, it is observed that, proper measures would be taken for conduct of election.
WP(C) No. 31539 of 2014 -:3:-
With the above observations, the writ petition is disposed of.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/25/11
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Title

K.Jayaraj

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri
  • A L George