Kerala High Court
Vinod S vs Pradeesh P on 16 February, 2022
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. 30866 OF 2021
PETITIONER:
VINOD.S,
S/O. K.SUDEVAN, NOORAM VEEDU, CHAKKAYIL, THIRUVAZHIYAD
P.O., PALAKKAD-678 510.
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 ADDITIONAL DISTRICT MAGISTRATE (COORDINATOR)
KUDUMBASHREE, DISTRICT MAGISTRATE, CIVIL STATION,
PALAKKAD-678 001.
3 KUDUMBASHREE DISTRICT MISSION
REPRESENTED BY ITS CHAIRMAN, CIVIL STATION, PALAKKAD-
678 001.
4 AYILUR GRAMA PANCHAYAT
AYALUR, CHITTUR TALUK, PALAKKAD-678 510 REPRESENTED BY
ITS SECRETARY.
5 EXECUTIVE DIRECTOR
KUDUMBASHREE, TRIDA BUILDING,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695 011.
6 DEPUTY RETURNING OFFICER
AGRICULTURAL ASSISTANT, KRISHI BHAVAN, AYALUR,
PALAKKAD-678 5+10.
7 COMMUNITY DEVELOPMENT SOCIETY (CDS)
AYILUR GRAMA PANCHAYAT, AYILUR,
PALAKKAD-678 510
REPRESENTED BY ITS MEMBER SECRETARY.
W.P.(C)No.30866 of 2021
& Cont.Case (C)No.167 of 2022 2
ADDL.R8 & R9 IMPLEADED
8 ADD.R8 : THE DEPUTY COLLECTOR (RR),
CIVIL STATION, PALAKKAD-678 001
9 ADD.R9 : THE DISTRICT COORDINATOR,
KUDUMBASHREE DISTRICT MISSION, CIVIL STATION,
PALAKKAD-678 001 (ADDL.R8 AND ADD.R9 ARE IMPLEADED
AS PER ORDER DATED 06-01-2022)
BY SPL.GOVT.PLEADER SMT.K.R.DEEPA
SRI V.A.JOHNSON VARIKKAPPALLIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.01.2022, ALONG WITH CONT.CASE(C).167/2022, THE COURT ON
16.2.2022 DELIVERED THE FOLLOWING:
W.P.(C)No.30866 of 2021
& Cont.Case (C)No.167 of 2022 3
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. 167 OF 2022
AGAINST THE ORDER DT.6.1.2022 IN WP(C) 30866/2021 OF HIGH COURT
OF KERALA
PETITIONER/PETITIONER:
VINOD S.
AGED 38 YEARS
S/O.K.SUDEVAN, NOORAM VEEDU, CHAKKAYIL,
THIRUVAZHIYAD P.O., PALAKKAD DISTRICT, PIN - 678
510.
BY ADV SRI P.R.VENKATESH
RESPONDENTS/RESPONDENTS 7 TO 9:
1 PRADEESH P.
(AGE AND FATHER NAME NOT KNOWN TO THE PETITIONER),
MEMBER SECRETARY, COMMUNITY DEVELOPMENT SOCIETY
(CDS), AYILUR GRAMA PANCHAYAT, AYILUR, PALAKKAD
DISTRICT, PIN - 678 510.
2 ABBAS (AGE AND FATHER NAME NOT KNOWN TO THE
PETITIONER),
DEPUTY COLLECTOR (RR), CIVIL STATION, PALAKKAD - 678
001.
3 P. SAITHALAVI, AGED 50 YEARS, S/O P.MUHAMMED,
DISTRICT CO-ORDINATOR, KUDUMBASREE DISTRICT MISSION,
CIVIL STATION, PALAKKAD - 677 001.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.01.2022, ALONG WITH WP(C).30866/2021, THE COURT
ON 16.2.2022 DELIVERED THE FOLLOWING:
W.P.(C)No.30866 of 2021
& Cont.Case (C)No.167 of 2022 4
T.R.RAVI,J.
-----------------------------
W.P.(C)No.30866 of 2021
&
Cont.Case (C)No.167 of 2022
-------------------------------
Dated this the 16th day of February, 2022
JUDGMENT
W.P.(C)No.30866 of 2021
The petitioner who is an elected member of the Ayilur Grama
Panchayat, representing the Karimprara Ward, has challenged the
election process to the Kudumbasree Ayalkoottams of Ayilur Grama
Panchayat. The prayer in the writ petition is to direct 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 6.1.2022, this Court issued the following directions:
"(1) Deputy Collector (RR), Civil Station, Palakkad- 678 001
and District Coordinator, Kudumbashree District Mission, Civil
Station, Palakkad - 678 001 are impleaded as additional
respondents 8 and 9 in both these writ petitions. Registry to
make necessary corrections in the cause title.
(2) The respondents 8 and 9 are directed to prepare an
W.P.(C)No.30866 of 2021
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.
(3) 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.
(4) 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.
(5) 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.
(6) A report shall be filed before this Court after the
completion of the entire process."
3. As directed in the order, the District Coordinator,
Kudumbasree District Mission, Palakkad has submitted a report. It is
stated in the report that pursuant to the order of this Court 17
Ayalkoottams were identified to be Ayalkoottams which had not
completed their audit. It is stated that the said Ayalkoottams were
asked to appear for audit and out of the 17, eight Ayalkoottams
submitted the required papers and their audit was completed and
they were included in the election process. It is submitted the
remaining nine Ayalkoottams did not produce the required registers
W.P.(C)No.30866 of 2021
in their completed forms and returned without completing the audit
process. It is further stated that the eight Ayalkoottams which were
found eligible had participated in the election process for
Ayalkoottam election and the second stage of election.
4. In view of the above, the writ petition is disposed of
directing respondents 8 and 9 to complete the election process on
the basis of the list finalised as stated above, including the eight
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.167 of 2022
The contempt case has been filed alleging that the interim
order issued by this Court on 6.1.2022 has not been complied. On
going through the report submitted by the District Co-ordinator,
Kudumbasree District Mission, Palakkad 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
W.P.(C)No.30866 of 2021
election. In view of the final judgment in W.P.(C)No.30866 of 2021,
no orders are called for in this contempt case and the same is
dismissed.
Sd/-
T.R.RAVI
JUDGE
dsn
W.P.(C)No.30866 of 2021
APPENDIX OF WP(C) 30866/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY
THE DEPUTY RETURNING OFFICER DATED 20.12.2021.
Exhibit P2 TRUE COPY OF AUDIT CONDUCTED FOR THE YEAR 2019-20
AND THE AFFILIATION RENEWED IN RESPECT OF 227
AYALKOOTTAMS IN THE VARIOUS WARDS OF AYALUR GRAMA
PANCHAYAT WHICH WAS CONDUCTED ON A SINGLE DAY
VIZ.14.12.2021.
Exhibit P3 TRUE COPY OF BYELAWS FOR THE KUDUMBASHREE THREE
TIER ORGANIZATIONAL ELECTION REGULATIONS.
Exhibit P4 TRUE COPY OF REPRESENTATION TO THE KUDUMBASHREE
DISTRICT MISSION COORDINATOR, THE ADDITIONAL
DISTRICT MAGISTRATE, PALAKKAD.
Exhibit P5 TRUE COPY OF REPRESENTATION SUBMITTED DIRECTLY TO
THE COORDINATOR ON 18.12.2021 BY MEMBERS OF THE
KUDUMBASHREE OF WARD NO.III.
Exhibit P6 TRUE COPY OF REPRESENTATION SUBMITTED TO THE
CHAIRPERSON/MEMBER SECRETARY OF THE CDS OF THE
AYILUR GRAMA PANCHAYAT.
Exhibit P7 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE
REPRESENTATIONS SUBMITTED.
Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE
REPRESENTATIONS SUBMITTED.
Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER AND OTHERS BEFORE THE DISTRICT
COLLECTOR, PALAKKAD DATED 12.01.2022.
Exhibit P10 TRUE COPY OF THE ORDER DATED 14.01.2022 ISSUED BY
CHIEF SECRETARY, GOVERNMENT OF KERALA.
RESPONDENTS' EXTS:
EXT.R9(A) TRUE COPY OF THE GOVERNMENT ORDER DT.6.1.2021
EXT.R9(B) TRUE COPY OF THE GOVERNMENT ORDER
GO(P)No.56/2021/LSGD DT.11.11.2021
EXT.R9(C) TRUE COPY OF RELEVANT PAGE (PAGE NO.25) OF THE
AMENDED BYLAW 2021 SHOWING SECTION 12.13
EXT.R9(D) TRUE COPY OF MINUTES OF THE CDS COMMITTEE HELD ON
W.P.(C)No.30866 of 2021
22.8.2020 AND 19.2.2021
EXT.R9(E) TRUE COPY OF RELEVANT PAGE (PAGE NO.17) OF THE
AMENDED BY-LAW 2021 SHOWING SECTION 10.3.2.
EXT.R9(F) TRUE COPY OF RELEVANT PAGE (PAGE NO.16) OF
AMENDED BY-LAW 2021 SHOWING SEC.10.1.9
EXT.R9(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.R9(H) TRUE COPY OF LETTER ISSUED TO THE RETURNING
OFFICE, AYILOOR, GRMA PANCHAYAT DT.11.1.2022.
W.P.(C)No.30866 of 2021
APPENDIX OF CON.CASE(C) 167/2022
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE ORDER DATED
06/01/2022 IN WP(C) NO.30866 OF 2021.
Annexure B TRUE COPY OF THE COMPLAINT GIVEN BY THE
PETITIONER AND OTHER 2 PERSONS TO THE
DISTRICT COLLECTOR, PALAKKAD DATED
12/01/2022.
