JUDGMENT The petitioner has approached this Court with the grievance that the names of the candidates, who contested the election to the managing committee of the petitioner's society, are not being printed in different colours on the ballot paper as done hitherto. 2. The petitioner society alleges that it has 12000 members, out of whom 30% are illiterate, 20% belong to scheduled caste and 2 belong to the scheduled tribes. About 1000 members belong to Tamil chettiyar community who speak only Tamil language. The election to the society was notified and scheduled to be held on 29.7.2012. While conducting election to the managing committee of a co- operative society, symbols are not allotted to the candidates. Instead, the name of the candidates are printed in different colours, so that the illiterate voters would identify the candidates they choose on the basis of the colour in which the name of the candidates are printed in the ballot paper. This was the practice hitherto followed. 3. The petitioner alleges that following the aforesaid practice, it requested the Assistant Register to allot colours to the candidates. However, the Assistant Register rejected the application relying on the Circular No.02/2011 which was issued in the light of Rule 35A (n)(vii) of the Kerala Co-operative Societies Rules which was amended in 2010. In the rules which originally stood, the word 'uniform' was not there and, therefore, the society was able to print the names of the candidates in different colours for identifying the candidates. The word 'uniform' was added as per SRO 1005/2010 dated 2/2010. The petitioner points out that because of the amendment, the illiterate members of the co-operative society are incapacitated to democratically elect candidates to the board of directors of the co-operative society. Therefore, according to the petitioner, the word 'uniform' is unconstitutional, undemocratic and is liable to be interfered with. 4. In the statement filed by the 4th respondent, they have admitted that before the amendment, there was a practice of printing the names of the candidates in different colours, who belong to different political parties. However, there were complaints from the voters against the use of colours in the ballot paper. It was also pointed out that if the ballot papers are printed in colour, the letters would not be clear. Therefore, they justified their stand in printing the ballot paper in black and white. 5. Arguments have been heard. 6. However, there were complaints from the voters against the use of colours in the ballot paper. It was also pointed out that if the ballot papers are printed in colour, the letters would not be clear. Therefore, they justified their stand in printing the ballot paper in black and white. 5. Arguments have been heard. 6. Admittedly, there is no practice of allotting any symbol to the candidates, who contest the election to the managing committee of the societies. It is an admitted fact that each political party or coalition of political parties would be projecting a panel. The practice hitherto followed was to print the names of the candidates belonging to a particular political party or a coalition in a particular colour so that the voters can easily identify them. In the absence of a symbol, this was the most practical method that could be followed. 7. In this case, the petitioner society is located in an area where a number of people belong to the State of Tamil Nadu, who does not know Malayalam. Therefore, most of the members of the petitioner society identify the candidates on the basis of the colours in which the name of the candidates are printed. If all the names in the ballot paper are printed in black and white, it may not be possible for all the voters to identify the candidates. 8. It was submitted by the learned Senior Government Pleader that by inserting the word 'uniform' in clause 6(n)(viii) of Rule 35 A of the Kerala Co-operative Societies Rules, the practice of printing the names of candidates in different colours have been done away with. The learned Senior Government Pleader would argue that, if a candidate is not able to cast his vote by himself, the procedure stipulated by clause 6(n)(ix) of the rules could be followed. However, as rightly pointed out by the learned counsel for the petitioner such a procedure would be a cumbersome one and would not be enforcible for the reason that a companion would be permitted to cast vote under the said provision only for one person. 9. This Court by interim order dated 23.7.2012 stayed the operation of Exts.P5 and P7 insofar they relate to the petitioner society with a direction to the 3rd respondent and the returning officer to print the names of the contesting candidates in different colours as done previously. 9. This Court by interim order dated 23.7.2012 stayed the operation of Exts.P5 and P7 insofar they relate to the petitioner society with a direction to the 3rd respondent and the returning officer to print the names of the contesting candidates in different colours as done previously. The reason was that the voters were not informed of the new method that was sought to be introduced. The respondents cannot proceed on the assumption that all the members of the societies in Kerala are literate and, therefore, they may be able to identify the candidate whom they want to vote. In general elections to the various forums like Parliament, Legislative Assembly as well as Panchayat, symbols are allotted to the candidates. An illiterate voter while exercising his franchise should be able to identify the person whom he wants to vote. This right is practicably taken away by the new system. 10. Members of democratic institutions are elected by people of different strata. The rate of literacy in India is comparatively low and majority of populations are residing in villages. A good number of people are unable to read or write even their own names. It was to enable these persons to exercise their right of franchise, symbols are introduced in the elections. 11. In a co-operative society like the petitioner, in elections, instead of symbols, colours were being used while printing the name of the candidates in the ballot paper to identify the candidates. This practice was followed till the amendment of the aforesaid rule. The incorporation of the word 'uniform' in the rule and Exts.P6 and P7 circular and orders issued in the co-operative department would defeat the basic concept of democracy in elections to the co-operative societies. On account of this, a good number of members may not be able to choose the candidates independently. The basic principles involved in allotting election symbols has to be followed in printing the ballot papers for elections conducted in the co-operative societies also. If no symbols are allotted, there should be a method by which a voter must be able to identify the candidates of his choice. Allotting a separate colour to a candidate belonging to a particular political party or coalition of parties would help the voter to identify the candidates while exercising their right of franchise. If no symbols are allotted, there should be a method by which a voter must be able to identify the candidates of his choice. Allotting a separate colour to a candidate belonging to a particular political party or coalition of parties would help the voter to identify the candidates while exercising their right of franchise. The amendment made in Rule 35A (n)(viii) regarding uniform ballot paper denies equal opportunity to all members of the co-operative societies to take part in the democratic process of election. In the result, the writ petition is allowed. It is hereby made clear that the incorporation of the word 'uniform' under Rule 35 (n)(viii) of Co-operative Societies Rules is undemocratic and unconstitutional. Therefore, Exts.P6 and P7 circulars are hereby quashed. The respondents shall allow the petitioner and other co- operative societies to print the name of the candidates in the ballot paper in different inks for the purpose of proper identification.