JUDGMENT : What should normally have been an ordinary routine and ubiquitous writ petition relating to the elections to the Managing Committee of a Cooperative Society has now attained larger proportions because the members of the Society are stated to be policemen, with allegations being made against some of them, who are expected to be in charge of the protection of law and order, that they are likely to act in breach of the same. 2. The petitioner, who is stated to be a member of the 5th respondent-Police Co-operative Society (hereinafter referred as 'Society' for short), has approached this Court primarily seeking that elections to the Managing Committee of the said Society, which is presently scheduled on 27.06.2019, be adjourned to 30.06.2019 on the assertion that on that day bye-elections to the Local Self Government Institutions in Trivandrum are also scheduled; and therefore, that most of the members of the Society, who, as said above, are all policemen, would be required to be deployed for duty during such elections. He has also prayed that the Returning Officer allow the members to vote on the strength of other identity cards, since those to be issued by the Society under the KCS Act and Rules have not been issued yet. 3. As I have already said above, the relief’s sought for and the allegations made in this Writ Petition are certainly very commonplace and seemingly very innocent; but to make matters worse, the State Co-operative Election Commission ('Election Commission' for short) was addressed by the DIG and Commissioner of Police of Thiruvananthapuram City, by a letter No.67/Camp/CP/2019/TC dated 15.06.2019, wherein he incredulously says that the members of the Society are likely to be at war with each other during the elections and that this will cause 'major L&O problem and an embarrassment for the institution' (sic). The contents of this letter, which was, in fact, handed over across the Bar by the learned Standing Counsel for the Election Commission, certainly were disturbing and I, therefore, directed the State Police Chief, who was consequently impleaded as an additional respondent, to file an affidavit as to whether he affirms the views of the Police Commissioner or whether he has something contrary to say. 4. When this matter was called today, the learned Special Government Pleader, Sri. 4. When this matter was called today, the learned Special Government Pleader, Sri. Muhammed Hashim, submits that an affidavit, sworn to by the State Police Chief, has been placed on record, wherein the following averments have been clearly made: 2. I am the DGP & State Police Chief of Kerala. I am impleaded as the Addl. Respondent No.7 in the above WP(C) by this Hon'ble Court. I am conversant with the facts of the case. 3. It is submitted that this Hon'ble Court has passed an order in WP(C)No.16053/2019 dated 18.06.2019 directing the State Police Chief to file an affidavit on steps taken by his office to ensure the election conducted by 5th respondent Society in a manner without criminal event and incidents. 4. It is submitted that the petitioner ofthe above Writ Petition Sri. P. Prathapachandran, a member of the Police Co-operative Society, Thiruvananthapuram (Reg No.T 696) has raised the apprehension of the bye-election duty falling on the same day of Election of the Co-operative Society, 27th June, 2019. But this is not a serious concern to the department. There is ample and enough strength of police personnel available to depute for the bye-election duty. The members of the Society can cast their votes without affecting the normal duty in connection with the bye-election. 5. It is submitted that police department is ready to give all assistance and protection for a free and fair election to be held at the Co-operative Society and also for the bye-election. The police department is ready to provide sufficient man power for Society election on 27.06.2019, fixed by the Co-operative department. It is the duty of the police to provide a fool proof protection to the entire process of election to Cooperative Societies and this will be in letter and spirit. 6. It is submitted that no serious Law & Order issues are prevailing presently in Thiruvananthapuram City in connection with the Society election. The letter submitted on 15.06.2019 by the Commissioner of Police to the Chief Election Commissioner of Co-operative Society was in continuation of his letter dated 13.06.2019 focusing the previous crime cases registered in connection with the election. These cases were registered not on any Law & Order issues but for alleged making of forged ID cards for casting votes and alleged impersonation etc. 7. These cases were registered not on any Law & Order issues but for alleged making of forged ID cards for casting votes and alleged impersonation etc. 7. It is submitted that, all the voters are policemen in service, and are governed by conduct rules. In the above circumstances it is most respectfully submitted that adequate measures will be taken by the police to handle any untoward situation in connection with the Society elections on the date fixed by the State Cooperative Election Commission ie; on 27.06.2019. 5. As is clear from the afore extracted averments in the affidavit of the State Police Chief, the views and apprehensions expressed by the Police Commissioner are stated to be completely uncalled for and without basis. The State Police Chief indubitably says that there will be no law and order issues on the date of polling and that no member of the Society will be deprived of his/her vote, since there are sufficient number of other policemen for being deployed for the bye-elections to the Local Self Government Institutions. 6. That said, however, the State Police Chief also adds in paragraph 6 extracted afore, that the Police Commissioner, Thiruvananthapuram, has issued the aforementioned letter to the Co-operative Election Commission not based on any apprehension of breach of law and order, but on the impression that there is likely to be forgery in the statutory ID cards to be issued by the Society. Though I strongly disapprove these averments in the affidavit, since the letter of the Police Commissioner unequivocally says that the said officer expects 'a major law and order problem leading to embarrassment for the institution', I choose to leave it here and not to make any further comment on it, lest it creates further consequences. 7. Moving forward, going by the averments in the afore extracted affidavit of the State Police Chief, it becomes clear that the prayer of the petitioner for adjournment of the elections to 30.06.2019 is unnecessary, because no member of the 5th respondent-Society will be deprived of his/her vote on account of their official duties, since other policemen will be deployed for such purpose. 8. That leaves this Court only to the consideration of the prayer relating to the issuance of ID cards, as is mandated under Rule 35A of the Kerala Co-operative Societies Rules ('KCS Rules' for short). On this issue, the learned Senior Counsel, Sri. 8. That leaves this Court only to the consideration of the prayer relating to the issuance of ID cards, as is mandated under Rule 35A of the Kerala Co-operative Societies Rules ('KCS Rules' for short). On this issue, the learned Senior Counsel, Sri. George Poonthottam, instructed by Sri. Arun Chandran, submits that even though more than 5900 applications have been made by the members of the Society till 20.06.2019, the Society has issued only 1000 identity cards. He asserts that rest of about 4900 applications, as also the applications to be made in future, will not be acted upon or accepted by the Society; and therefore, that the elections to be conducted on 27.06.2019, would become a mere farce. He, therefore, prays that the Returning Officer be directed to allow the members of the 5th respondent-Society to vote on the strength of other identity cards as are enumerated in the Explanation to Rule 35A(6)n) (ix) of the KCS Rules. 9. In answer to the afore contentions of Sri. George Poonthottam, Sri. M. Sasindran, the learned Standing Counsel for the Society, submits that 4120 applications have been received by the Society from its members for identity cards until 20.06.2019 and that all these applications will be properly processed, leading to the issuance of eligible identity cards without any delay. He says that to ensure that the process of issuance of identity cards is done without any event, an efficient employee of the Society has been identified and set apart for this purpose alone and he assures this Court that any other member, who intends to apply for and obtain an identity card, will be allowed to do so; and further that all identity cards will be issued 48 hours before the actual date of polling. He reiteratingly adds that all eligible identity cards, for which applications have already been made, are ready and that any member can come and collect it, subject to their entitlement. 10. The response of Sri. George Poonthottam, the learned Senior Counsel, to the afore is that the number of applications, as mentioned by Sri.M.Sasindran, presumably on the instructions from the Administrator of the Society, is wholly incorrect, asserting that the actual number of applications is 5900, as stated by him earlier; and that clearly, therefore, over 1750 applications have not even been reckoned. George Poonthottam, the learned Senior Counsel, to the afore is that the number of applications, as mentioned by Sri.M.Sasindran, presumably on the instructions from the Administrator of the Society, is wholly incorrect, asserting that the actual number of applications is 5900, as stated by him earlier; and that clearly, therefore, over 1750 applications have not even been reckoned. He, therefore, prays that the second relief sought for in this Writ Petition be allowed. 11. When I consider the above contentions of the petitioner with respect to the issuance of identity cards, I am fully conscious that statutorily, under Rule 35A(6)(n)(ix) of the KCS Rules, a ballot paper shall be issued to a member only if he produces his statutory identity card, which is the card issued as per Form 6A, and one of the documents mentioned in the Explanation to the said Sub Rule. Therefore, the obligation of a member to produce his statutory identity card before the Returning Officer, to obtain his ballot paper, is implicit in the statute itself. Viewed from that angle, it would not be possible for this Court to tinker, in any manner, with this statutory prerequisite since that would be virtually rewriting the law, which this Court cannot do, while acting under Article 226 of the Constitution of India. 12. Obviously, therefore, the province of this Court can only be to ensure that every member, who is interested in participating in the process of voting, gets his/her statutory identity card in terms of law. 13. In the afore perspective, I leave liberty to every member of the 5th respondent- Society and not merely the petitioner herein, to apply for his/her identity cards in Form 6A from the Chief Executive Officer of the Society and it shall be the bounden responsibility of that officer to ensure that such identity cards are issued to the applicants without fail, within two days prior to the date of polling. Any failure on the part of the Chief Executive Officer to do so will certainly invite necessary action from this Court and he will also be responsible for all legal consequences under the rigour of the KCS Act and Rules. 14. Any failure on the part of the Chief Executive Officer to do so will certainly invite necessary action from this Court and he will also be responsible for all legal consequences under the rigour of the KCS Act and Rules. 14. Finally, I also direct the Co-operative Election Commission and its competent functionaries in charge of these elections to ensure that the election is conducted in a free, fair and transparent manner and that any instance of misdemeanour, violence or such other conduct from any member of the Society be brought to the attention of the State Police Chief appropriately, since I am of the view that his responsibility, after having filed an affidavit before this Court in the manner afore extracted, is now all the more greater. This writ petition is thus ordered.