Beena B vs The District Collector
2022 Latest Caselaw 1699 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                    WP(C) NO.3427 OF 2022
PETITIONERS :-

    1     BEENA B.,
          W/O.RAJAN BABU K. C., SNEHA DEEPAM, KURUNTHALI,
          PALODE, PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    2     LEEJA KUMARI
          W/O.STEEPHEN, AYANIMOODU VEEDU, KURUNTHALI,
          PALODE, PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    3     ANITHA VIJAYAN
          W/O. VIJAYAN, VISAKHAM, KURUNTHALI, PALODE,
          PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    4     SINDHU S.
          W/O. SANTHOSH G., VADAKKEVILA, SANTHOSH BHAVAN,
          KURUNTHALI, PALODE, PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    5     BINDHU JOY
          W/O. JOY, ABI BHAVAN, VADAKKEVILA, KURUNTHALI,
          PALODE, PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    6     K. SANTHA KUMARI
          W/O. JAYACHANDRAN, NEETHU BHAVAN, KURUNTHALI,
          PALODE, PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    7     REENA
          W/O. SANAL KUMAR, ANJALI BHAVAN, KURUNTHALI,
          PALODE, PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

    8     AMRITHA B.
          W/O. SHYAM, AYODHA, KURUNTHALI, PALODE,
          PACHA P. O., NANNIYODE,
          THIRUVANANTHAPURAM - 695 562.

          BY ADV SUNIL JACOB JOSE
 WP(C) NO.3427 OF 2022

                                 -: 2 :-


RESPONDENTS :-

     1       THE DISTRICT COLLECTOR
             COLLECTORATE, CIVIL STATION ROAD,
             THIRUVANANTHAPURAM - 695 043.

     2       EXECUTIVE DIRECTOR
             KUDUMBASHREE STATE MISSION, TRIDA BUILDING,
             MEDICAL COLLEGE P. O.,
             THIRUVANANTHAPURAM - 695 011.

     3       THE RETURNING OFFICER
             KUDUMBASHREE C D S (ELECTION),
             NANNIYODE GRAMA PANCHAYATH,
             THIRUVANANTHAPURAM - 695 562.

             BY SMT.DEEPA K.R., SPL.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.02.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.3427 OF 2022

                               -: 3 :-


                            JUDGMENT

Dated this the 16th day of February, 2022

This writ petition is filed by 8 of the 11 elected members of

the ADS of Kurunthali, Ward No.5 of Nanniyode Grama Panchayat,

Thiruvananthapuram District. It is submitted that the ADS

elections were conducted on 18.1.2022 at Government Lower

Primary School, Palode. 66 members participated in the election

process and the petitioners and three others were elected as ADS

office bearers. It is submitted that Ext.P1 is the proceedings note

of the Election Officer. It is stated that on complaints submitted

by certain members, proceedings have been issued by the District

Mission Co-ordinator temporarily cancelling the election since

there were irregularities found. It is submitted that Ext.P3 is a

copy of the communication issued on 21.1.2022 by the 3 rd

respondent.

2. The learned counsel for the petitioners submits that the

reasons stated for setting aside the election was that the 6 th

petitioner herein who was one among the 11 elected ADS office

bearers did not find a place in the ADS voters list nor was she a

member of any Ayalkoottam. It is submitted by the learned counsel

for the petitioners that Ext.P4 is a one and the same certificate WP(C) NO.3427 OF 2022

issued by the Village Officer, Palode to show that 'Saradha' whose

name found a place in the voters list and 'K. Santha Kumari', the 6 th

petitioner herein, are one and the same person. It is submitted

that Ext.P3 order was issued without notice to the elected

members and that it was, therefore, bad in law.

3. The learned Government Pleader submits, on

instructions, that one Smt.Kavitha, the Secretary of the petitioners'

NHG had submitted a complaint before the 3 rd respondent that the

entire election was vitiated by irregularities. It is submitted that

apart from the identity of the 6th petitioner which was disputed by

the Secretary of the Ayalkoottam, it was also contended that one

Prameela had participated in the ADS election as a representative

of the Ayalkoottam and as its President. It is submitted that the

name of the said person also does not find a place in the voters list

or in the list of members of the Ayalkoottam.

4. I have considered the contentions advanced. I notice

that though it is contended that Ext.P3 was issued on the basis of

complaints submitted by the Secretary of the petitioners'

Ayalkoottam, it is clear that no notice had been issued to the

elected members before Ext.P3 order was passed. The learned

counsel for the petitioners submits that had the petitioners been

put on notice, the issue with regard to the identity of the 6 th WP(C) NO.3427 OF 2022

petitioner could have been resolved by the production of Ext.P4.

With regard to the participation of Smt.Prameela also, it is

submitted that on being put on notice, the petitioners could have

submitted their contentions, on facts. It is further submitted that

the CDS elections are due to be conducted on 18.2.2022 and if

orders are not passed immediately, the petitioners' ward will be

unrepresented in the CDS elections.

5. Having considered the contentions advanced, I am of the

opinion that the contention raised by the petitioners that the

elected members were not heard before orders were passed by the

3rd respondent as Ext.P3 appears to be substantiated. I am of the

opinion that in view of the fact that an election had been conducted

and Ext.P1 proceedings note had also been issued, the elected

members ought to have been put on notice before orders were

rendered. I am, therefore, of the opinion that the complainant

before the 3rd respondent, Smt.Kavitha, as well as the petitioners

and other elected members in the elections held as per Ext.P1 are

liable to be put on notice and heard and a fresh order has to be

passed after considering their contentions as well.

There will, accordingly, be a direction that Smt.Kavitha,

who is said to be the complainant before the 3 rd respondent as well

as the 11 persons elected as per Ext.P1 proceedings and also WP(C) NO.3427 OF 2022

Smt.Prameela, against whom a contention appears to have been

raised by Smt.Kavitha shall be put on notice through any electronic

means by the 3rd respondent and the matter will be heard afresh.

The hearing shall be conducted at 11 a.m. tomorrow (17.02.2022)

and appropriate orders shall also be passed in accordance with

law. The CDS elections shall be conducted on the basis of the

orders to be passed by the 3 rd respondent as directed above and

after orders are passed by the 3rd respondent.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.2.2022 WP(C) NO.3427 OF 2022

APPENDIX OF WP(C) 3427/2022

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE RELEVANT PORTION OF THE PROCEEDINGS NOTE DATED 18.01.2022 OF THE ELECTION OFFICER.

Exhibit P2 PHOTOCOPY OF THE ENDORSEMENT OF THE ELECTION OFFICER DATED 18.01.2022 REGARDING THE COMPLETION OF THE ELECTION PROCESS AND HANDING OVER OF THE MINUTES TO THE NEW OFFICE BEARERS AND CORRECTION ORDER DATED 20.01.2022.

Exhibit P3 PHOTOCOPY OF THE COMMUNICATION DATED 21.1.2022 OF THE 3RD RESPONDENT ADDRESSED TO THE DISTRICT MISSION CO- ORDINATOR, THIRUVANANTHAPURAM.

Exhibit P4 PHOTOCOPY OF THE CERTIFICATE NO.191/2022 DATED 24.1.2022 OF THE VILLAGE OFFICER, PALODE.

Exhibit P5 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT ON 24.01.2022.