Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, 16TH FEBRUARY , 2022 / 27TH MAGHA, 1943 WP(C) NO. 553 OF 2022 PETITIONER: JAYA R., AGED 44 YEARS W/O.RAMAKRISHNAN, POLAKAD HOUSE, CHERAMANGALAM P.O., PALAKKAD - 678 703. BY ADVS. SRI P.R.VENKATESH SRI G.KEERTHIVAS RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 DEPUTY COLLECTOR (RR) CIVIL STATION, PALAKKAD - 678 001. 3 DISTRICT COORDINATOR KUDUMBASHREE DISTRICT MISSION, CIVIL STATION, PALAKKAD - 678 001. 4 MELARCODE GRAMA PANCHAYAT MELARCODE,CHITTUR TALUK, PALAKKAD-678 703 REPRESENTED BY ITS SECRETARY 5 EXECUTIVE DIRECTOR KUDUMBASREE, TRIDA BUILDING, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM 695 001 6 DEPUTY RETURNING OFFICER AGRICULTURAL ASSISTANT, KRISHI BHAVAN, MELARCODE, PALAKKAD - 678 703. 7 COMMUNITY DEVELOPMENT SOCIETY (CDS) MELARCODE GRAMA PANCHAYAT, MELARCODE, PALAKKAD - 678 703 REPRESENTED BY ITS MEMBER SECRETARY. BY ADVS. SPL.GOVT.PLEADER SMT.K.R.DEEPA R7 BY SRI BABY MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.01.2022,ALONG WITH CON.CASE(C).175/2022, THE COURT ON 16.02.2022 DELIVERED THE FOLLOWING: Cont.Case (C)No.175 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, 16TH FEBRUARY , 2022 / 27TH MAGHA, 1943 CON.CASE(C) NO. 175 OF 2022 AGAINST THE ORDER DT.7.1.2022 IN WP(C) 553/2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER: JAYA.R., AGED 44 YEARS W/O RAMAKRISHNAN, POLAKAD HOUSE, CHERAMANGALAM P.O., PALAKKAD DISTRICT, PIN - 678 703. BY ADVS. SRI P.R.VENKATESH SRI G.KEERTHIVAS RESPONDENTS/RESPONDENTS 2, 3 & 7:
1 ABBAS (AGE AND FATHER NAME NOT KNOWN TO THE PETITIONER), DEPUTY COLLECTOR (RR), CIVIL STATION, PALAKKAD - 678 001. 2 P.SAITHALAVI, AGED 50 YEARS, S/O P.MUHAMMED, DISTRICT COORDINATOR, KUDUMBASREE DISTRICT MISSION, CIVIL STATION, PALAKKAD - 678001. 3 ANOOP(AGE AND FATHER NAME NOT KNOWN TO THE PETITIONER) MEMBER SECRETARY, COMMUNITY DEVELOPMENT SOCIETY (CDS), MELERKODE GRAMAPANCHAYAT, MELERKODE, PALAKKAD DISTRICT, PIN - 678 510. BY ADV SRI BABY MATHEW
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2022, ALONG WITH WP(C).553/2022, THE COURT ON 16.02.2022 DELIVERED THE FOLLOWING: Cont.Case (C)No.175 of 2022 3
T.R.RAVI,J.
----------------------------- W.P.(C)No.553 of 2022 & Cont.Case (C)No.175 of 2022 ------------------------------- Dated this the 16th day of February, 2022
JUDGMENT
W.P.(C)No.553 of 2022 The petitioner who is an elected member of the Melarcode Grama Panchayat, has challenged the election process to the Kudumbasree Ayalkoottams of Melarcode Grama Panchayat. The prayer in the writ petition is to direct the respondents 2 and 3 to ensure completion of the audit and affiliation/renewal of all Kudumbasree Ayalkoottams of the Panchayat before the scheduled elections takes place, so as to enable them to participate in the electoral process.
2. On 7.1.2022, this Court issued the following directions:
"(1) The respondents 2 and 3 are directed to prepare an additional list of voters representing those Ayalkoottams which are eligible to vote as per Clause 18 of Kudumbashree Election Rules, but have not been included in the voters list for the reason that their auditing has not been completed.
(2) The persons included in these additional lists are also be permitted to participate in the election process. However, the votes cast by such persons will be kept in a different ballot box. Cont.Case (C)No.175 of 2022 4
(3) After completing the election, the Electoral Officers may proceed with the counting of the votes and shall prepare the details of votes cast in the main ballot box as well as in the additional ballot box.
(4) In case the election is not through ballot box and is done by show off hands or any other method, the Electoral Officers shall keep separate count of the votes cast by the persons in the main list and the additional list.
(5) A report shall be filed before this Court after the completion of the entire process.
(6) This interim direction will not however be applicable in cases where the election process are already completed."
3. As directed in the order, the District Co-ordinator,
Kudumbasree District Mission, Palakkad (3rd respondent) has submitted a report. It is stated in the report that pursuant to the order of this Court, the complainant had submitted a list of 33 Ayalkoottams to be included in the voters list. On verification, it was found that out of the 33 Ayalkoottams, 12 Ayalkoottams had received affiliation only in December, 2021 and hence they are not eligible under Clause 18 of the Election Byelaws. Eight among the 33 Ayalkoottams are stated to be those which are defunct and had not been audited for years together and hence ineligible to participate in the election. The remaining 33 Ayalkoottams are stated to be Ayalkoottams which were not formed as per the Kudumbasree Byelaws and which had not even been registered. It is further submitted that apart from the above 33 Ayalkoottams, it was found that two Ayalkoottams had been left out of the list and they Cont.Case (C)No.175 of 2022 5 were included for the election.
4. In view of the above, the writ petition is disposed of
directing respondents 2 and 3 to complete the election process on the basis of the list finalised as stated above, including the two Ayalkoottams which were also found eligible, in the election process. If the petitioner has any further grievance, he is at liberty to approach the concerned authorities under Clause 21 of the Election Byelaws, provided he is eligible to raise a challenge as per the Byelaws. Cont.Case (C)No.175 of 2022
The contempt case has been filed alleging that the interim order
issued by this Court on 7.1.2022 has not been complied. On going through the report submitted by the 3 rd respondent in the writ petition, I do not find any wilful disobedience of the order issued by the Court. The interim order was intended to safeguard the rights of such Ayalkoottams who may lose their voting right in the election and was not a recognition of any right of the petitioner to take part in the election. In view of the final judgment in W.P.(C)No.553 of 2022, no orders are called for in this contempt case and the same is dismissed. Sd/- T.R.RAVI JUDGE dsn Cont.Case (C)No.175 of 2022 6 APPENDIX OF WP(C) 553/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RESOLUTION DATED 29/1/2021 FILED BY THE MEMBERS. Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 6/1/2022 FILED BY THE PETITIONER BEFORE THE RETURNING OFFICER/2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE ORDER DATED 6/1/2022 IN WP(C) NO.30866/2021 OF THIS COURT. Exhibit P4 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 06.01.2022. Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND RECEIVED BY THE 2ND RESPONDENT ON 11.01.2022. Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND RECEIVED BY THE 3RD RESPONDENT ON 11.01.2022. Exhibit P7 TRUE COPY OF THE ORDER DATED 11.01.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P8 TRUE COPY OF THE ORDER DATED 13.01.2022 ISSUED BY THE 7TH RESPONDENT. Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 17.01.2022. Exhibit P10 TRUE COPY OF THE ORDER DATED 14.01.2022 ISSUED BY CHIEF SECRETARY, GOVERNMENT OF KERALA. RESPONDENTS' EXTS: EXT.R3(A) TRUE COPY OF THE GOVERNMENT ORDER DT.6.1.2021
EXT.R3(B) TRUE COPY OF THE GOVERNMENT ORDER
GO(P)No.56/2021/LSGD DT.11.11.2021 EXT.R3(C) TRUE COPY OF RELEVANT PAGE (PAGE NO.25) OF THE AMENDED BYLAW 2021 SHOWING SECTION 12.13 EXT.R3(D) TRUE COPY OF MINUTES OF THE CDS COMMITTEE HELD ON 23.12.2020 EXT.R3(E) TRUE COPY OF RELEVANT PAGE (PAGE NO.17) OF THE AMENDED BY-LAW 2021 SHOWING SECTION 10.3.2. Cont.Case (C)No.175 of 2022 7 EXT.R3(F) TRUE COPY OF RELEVANT PAGE (PAGE NO.16) OF AMENDED BY-LAW 2021 SHOWING SEC.10.1.9 EXT.R3(G) TRUE COPY OF RELEVANT PAGES 35 AND 36 CONTAINIG
RULE 20 OF THE KUDUMBASREE ELECTION RULES ISSUED BY THE EXECUTIVE DIRECTOR, KUDUMBASREE ON 01.12.2021
EXT.R3(H) TRUE COPY OF LETTER ISSUED TO THE RETURNING OFFICER, MELARCODE, GRMA PANCHAYAT DT.11.1.2022. EXT.R3(I) TRUE COPY OF THE CERTIFICATE OF THE CONCERNED ADS AND AFFILIATION CERTIFICATE EXT.R7(A): TRUE COPY OF RELEVANT PAGES OF THE KUDUMBASREE BYE LAWS. EXT.R7(B): TRUE COPY OF COMMUNICATION DT.NIL OF DHANASREE KUDUMBASREE AYALKOOTTAM. EXT.R7(C): TRUE COPY OF CERTIFICATE ISSUED BY THE RETURNING OFFICER MELARCODE GRAMA PANCHAYAT CDS. EXT.R7(D): TRUE COPY OF COMMUNICATION DT.11.1.20200 OF 2ND RESPONDENT DEPUTY COLLECTOR (RR). Cont.Case (C)No.175 of 2022 8 APPENDIX OF CON.CASE(C) 175/2022 PETITIONER ANNEXURES Annexure A A CERTIFIED COPY OF THE ORDER DATED 07.01.2022 IN WPC NO.553 OF 2022. Annexure B TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT ON 06.01.2022. Annexure C TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND RECEIVED BY THE 1ST RESPONDENT ON 11.01.2022. Annexure D TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND RECEIVED BY THE 2ND RESPONDENT ON 11.01.2022. Annexure E TRUE COPY OF THE ORDER DATED 11.01.2022 ISSUED BY THE 2ND RESPONDENT. Annexure F TRUE COPY OF THE ORDER DATED 13.01.2022 ISSUED BY THE 3RD RESPONDENT. Annexure G TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 17.01.2022.