C. K. ARAVINDAKSHAN S/o. LATE v. KELU VS THE STATE Co-operative ELECTION COMMISSION
2025-04-07
MURALI PURUSHOTHAMAN
body2025
DigiLaw.ai
JUDGMENT : The petitioner is a member of the 4 th respondent Society. Presently, the 3 rd respondent, the Part-time Administrator is managing the affairs of the Society and there is no elected Managing Committee in the Society. The 3 rd respondent vide Ext.P3, took a decision to conduct the election to the Managing Committee of the 4 th respondent Society on 10.05.2025 fixing the polling station at Govt. Vocational Higher Secondary School, Ambalathara. The resolution was forwarded to the State Co-operative Election Commission, the 1 st respondent as required under Rule 35A(1) of the Kerala Co-operative Societies Rules, 1969 (for short, ‘KCS Rules’). The 1 st respondent, as per Ext.P6, notified the election to the Managing Committee of the Society scheduling the polling on 10.05.2025 and fixing the venue of polling at Govt. Vocational Higher Secondary School, Ambalathara. It is submitted that the Part-time Administrator has fixed the polling station ignoring Ext.P4 representation submitted by the petitioner requesting to fix the venue of Election at Govt. U.P. School, Pullur as it is easily accessible to the voters. The petitioner has filed this writ petition challenging Ext.P6 election notification to the extent of fixing the polling station at Govt. Vocational Higher Secondary School, Ambalathara and to direct the 3 rd respondent to adopt resolution to fix the polling station at Govt. U.P. School, Pullur. 2. It is submitted by the petitioner that the elections to the Managing Committee of the Society was held at Govt. U.P. School, Pullur for the last more than 30 years. It is stated that the Govt. Vocational Higher Secondary School, Ambalathara is situated more than 7 Kilometers away from the Head Office of the Society and located in the boarder of the area of operation of the Society. The Govt. U.P. School, Pullur is easily accessible and more convenient to the voters to cast their vote. It is also stated that the Govt. Vocational Higher Secondary School, Ambalathara is situated near to ‘Kalliyoottu’ which is an area prone to political violence. It is stated that the venue has been shifted to Govt. Vocational Higher Secondary School, Ambalathara, to facilitate bogus voting and electoral fraud. It is further stated that the Part-time Administrator is acting to the whims and fancies of political masters in fixing the polling station. 3.
It is stated that the venue has been shifted to Govt. Vocational Higher Secondary School, Ambalathara, to facilitate bogus voting and electoral fraud. It is further stated that the Part-time Administrator is acting to the whims and fancies of political masters in fixing the polling station. 3. A counter affidavit has been filed by the 3 rd respondent, the Part-time Administrator wherein it is stated that there are 5600 members and the Govt. U.P. School, Pullur is not convenient to conduct a proper and convenient election. The Govt. Vocational Higher Secondary School, Ambalathara is having large area, buildings and premises, for which it is convenient to conduct election, for members above 5000. It is further stated that the election was conducted at the U.P. School, Pullur, when the number of members was low. It is further stated that the Govt. Vocational Higher Secondary School, Ambalathara is situated within the area of operation of the Society and is suitable to the voters. It is further stated that there are vehicular traffic facilities from all parts of the area of operation of the Society to the polling station. It is also stated that students from all parts of the area are studying in the Govt. Vocational Higher Secondary School, Ambalathara. It is further stated that the local Police Station is located just within 150 meters from the Govt. Higher Secondary School, Ambalathara. It is also stated that the apprehension of the petitioner with regard to electoral fraud are without any basis. It is stated that the election will be conducted with Police Assistance. 4. Heard Sri. George Poonthottam, the learned Senior Counsel assisted by Sri. Anshin K.K, for the petitioner, Sri. M. Sasindran, the learned Counsel for the 3 rd respondent, Sri. C. M. Nazar, the learned Standing Counsel for the 1 st respondent and the learned Government Pleader. 5. As per the provisions contained under Rule 35A(1) of the KCS Rules, the venue for polling has to be fixed by the Committee. If an Administrator is in-charge of the affairs of the Society, then it is for the administrator to fix the date, time, and place for the conduct of election. The KCS Act and Rules do not prescribe any norms for polling station. The polling station shall be convenient to the voters as well as the electoral administration.
If an Administrator is in-charge of the affairs of the Society, then it is for the administrator to fix the date, time, and place for the conduct of election. The KCS Act and Rules do not prescribe any norms for polling station. The polling station shall be convenient to the voters as well as the electoral administration. It is submitted on behalf of the Administrator that the venue was fixed taking into consideration, the convenience of the voters. Compared to the Govt. U.P. School, Pullur, the Govt. Vocational Higher Secondary School, Ambalathara is having large area and more buildings to accommodate all the voters. It is also submitted that the venue is easily accessible to the voters. The traffic facilities and proximity to Police Station for maintenance of law and order were also taken into consideration. The facilitates and amenities at Higher Secondary Schools are generally better when compared to those at Upper Primary Schools. When the number of voters have increased the earlier venue for polling may not be feasible or sufficient to accommodate the voters and the election machinery. The location of polling station is purely a question of fact which is within the exclusive jurisdiction of the statutory authorities. Since the venue has been fixed by the Administrator taking into account various factual aspects, this Court cannot interfere with the decision. 6. This Court in Raghavan v. Commissioner and Special Secretary [1993 KHC (27)] : [ 1993 (1) KLT 128 ] has held that in matters like fixing of venue of election, the Court cannot sit in judgment over the decision of the statutory authorities and come to a conclusion independently. This Court held that the suitability of the venue for the conduct of election is a matter for the statutory authorities concerned to access taking into account various factors. This Court in Keethedathu Assainar and Another v. Joint Registrar of Co-operative Societies (General) and others [2019 KHC 5627] has held that the factual aspects with regard to choosing of the venue for the conduct of an election to the committee of a Co-operative Society is not a matter for the Court to consider in exercise of its jurisdiction under Article 226 of the Constitution of India. I do not find any reason to interfere with the decision taken by the Part-time Administrator choosing the venue of polling. Accordingly, the writ petition fails and is dismissed.