Kerala High Court
N.Venugopal vs The State Of Kerala on 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 26520 OF 2022
PETITIONER/S:
1 N.VENUGOPAL, AGED 71 YEARS
S/O.NEELAKANDA PILLA, SREELAKAM, PANDARACHIRA,
1ST CROSS ROAD, KADAVANTHRA SOUTH, PIN - 682
020.
2 MINIMOL , AGED 43 YEARS
W/O.J.JOY, ACHU ANU, VATTATHIPADAM ROAD,
PALARIVATTOM P.O., KOCHI - 682 025.
BY ADVS.
T.K.AJITHKUMAR (VALATH)
N.N.SUGUNAPALAN (SR.)
NAVANEETH D.PAI
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT (URBAN &
RURAL), ROOM NO.505, 5TH FLOOR, ANNEX 1,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT (URBAN), ROOM
NO.377, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE STATE ELECTION COMMISSION
KERALA REPRESENTED BY ITS SECRETARY, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM - 695 033.
4 THE MAYOR
CORPORATION OF KOCHI, OFFICE OF THE KOCHI
CORPORATION, ERNAKULAM, PIN - 682 011.
5 THE CORPORATION OF KOCHI
REPRESENTED BY ITS SECRETARY, OFFICE OF THE
KOCHI CORPORATION, ERNAKULAM, PIN - 682 011.
-2-
W.P.(C). No. 26520 of 2022
6 THE SECRETARY
CORPORATION OF KOCHI, OFFICE OF THE KOCHI
CORPORATION, ERNAKULAM, PIN 682 011
7 PADMAKUMARI
AGED 46 YEARS
D/O NOT KNOWN TO THE PETITIONER, QUARTERS
NO.E3-46, RNAS AREA, WILLINGTON ISLAND, PIN-
682 003
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
K.T.SAJU
K.JANARDHANA SHENOY
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 26520 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 26520 of 2022
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Dated this the 25th day of August, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"a) A writ of quo warranto or any other appropriate
writ, order to direct the 7th respondent to vacate the
councillorship of the Division No.29 of the Kochi
Corporation.
b) To declare that the action of the 4 th respondent in
issuing the Exhibit P4 notice and permitting the 7 th
respondent to take oath on 11-8-2022 as illegal and
ultravires.
c) To direct the 1st respondent issue notification in the
official gazette declaring that the 7 th respondent
voluntarily vacated the seat from division No.29 of the
5th respondent.
d) To dispense with the filing of the translation of
vernacular documents.
e) To issue such other writ order or directions which
are deemed fit and proper for the interest of justice."
(sic)
W.P.(C). No. 26520 of 2022
2. The election of the 7th respondent from the Division
No.29 of the Kochi Corporation was challenged by the 1st
petitioner before the Munsiff's Court Ernakulam by filing
OP(Election) No.1 of 2021. As per Ext.P1 judgment, election
of the 7th respondent was declared void and set aside on
22.06.2022. Thereafter, a lot was conducted as per the
provisions of Section 180(b) of the Kerala Municipality Act and
the 7th respondent was declared the returned candidate. It is the
case of the petitioners that after Ext.P1, the 7 th respondent has to
take oath within 30 days as per the provisions of Section 143(1)
(1B) of the Kerala Municipality Act. It is the case of the
petitioners that the 7th respondent even without taking the oath
participated in the council meetings and received honorarium
from the 5th respondent. The 2nd petitioner submitted Ext.P2
representation before the 1st respondent to issue notification as
per Section 143(4) to notify that the candidate voluntarily given
W.P.(C). No. 26520 of 2022
up the concillorship since the 7th respondent failed to take oath
within 30 days from 22.06.2022. It is the case of the petitioner
that the 4th respondent issued Ext.P4 notice and allowed the 7 th
respondent to take oath on 11.08.2022 before him in violation
of the provisions under Section 143(4) of the Kerala
Municipality Act.
3. Heard the counsel for the petitioner, the Standing
Counsel appearing for the 3rd respondent, the Government
Pleader and the Counsel appearing for the Cochin Corporation.
I also heard the counsel appearing for the 7th respondent.
4. Admittedly, the 2nd petitioner approached the
Government with a representation as evident by Ext.P2, in
accordance to Section 143(4) of the Kerala Municipality Act. If
that is the case, the 1st respondent can be directed to consider
W.P.(C). No. 26520 of 2022
Ext.P2, within a time frame, after giving an opportunity of
hearing to all the affected parties.
Therefore, this writ petition is disposed of in the following
manner:
1. The 1st respondent is directed to consider and pass
appropriate orders in Ext.P2, as expeditiously as
possible, at any rate, within six weeks from the date
of receipt of a copy of his judgment.
2. Before passing final orders, the 1st respondent will
give an opportunity of hearing to the petitioners and
respondents 4 to 7.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 26520 of 2022
APPENDIX OF WP(C) 26520/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN
OP(ELECTION) NO.1/2021 OF MUNSIFF'S
COURT DATED 22/6/2022.
Exhibit P2 TRUE COPY OF REPRESENTATION DATED
8/8/2022 ISSUED BY THE 2ND PETITIONER
TO THE 1ST RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE POSTAL
REGISTRATION SLIP DATED 10/8/2022.
Exhibit P4 THE PHOTO COPY OF THE NOTICE DATED
10/8/2022 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE LETTER DATED
11/8/2022 ISSUED BY THE 1ST
PETITIONER.
Exhibit P6 THE TRUE COPY OF THE LETTER DATED
11/8/2022 ISSUED BY THE 2ND
PETITIONER.
