Shailaja Biju vs The State Of Kerala
2025 Latest Caselaw 5855 Ker

Kerala High Court

Shailaja Biju vs The State Of Kerala on 21 August, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) NO. 28588 OF 2025

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                                                        2025:KER:63430

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE C.S.DIAS

    THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947

                        WP(C) NO. 28588 OF 2025

PETITIONER/S:

    1     SHAILAJA BIJU
          AGED 48 YEARS
          W/O.BIJU, ERUKKUMPURAM HOUSE, CHAIPPANKUZHI P.O.,
          KUTTICHIRA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT,
          PIN - 680724

    2     DARLEY JOY
          AGED 50 YEARS
          W/O.JOY, KAITHARATH HOUSE, NAYARANGADI DESOM, ELINJIPRA
          P.O., KODASSERY VILLAGE, CHALAKUDY TALUK, THRISSUR
          DISTRICT, PIN - 680721


          BY ADVS.
          SRI.N.L.BITTO
          SMT.MITHUL T ANTO




RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVT., LOCAL SELF
          GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    2     DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN
          - 680003

    3     KODASSERY GRAMA PANCHAYATH
          REPRESENTED BY THE SECRETARY, PANCHAYATH OFFICE,
          CHATTIKULAM P.O., CHALAKUDY TALUK, THRISSUR DISTRICT,
          PIN - 680721
 WP(C) NO. 28588 OF 2025

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    4     SECRETARY
          KODASSERY PANCHAYATH, PANCHAYATH OFFICE, CHATTIKULAM
          P.O., CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721

    5     PANCHAYATH ADMINISTRATIVE COUNCIL
          KODASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS
          PRESIDENT, CHATTIKULAM P.O, CHALAKUDY TALUK, THRISSUR
          DISTRICT, PIN - 680721


          BY ADVS.
          SMT.DAISY A.PHILIPOSE
          SRI.JAI GEORGE

          GP SMT.DEEPA V.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28588 OF 2025

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                              C.S.DIAS, J.
                   ---------------------------------------
                  WP(C) No. 28588 OF 2025
                  -----------------------------------------
             Dated this the 21st day of August, 2025

                            JUDGMENT

The writ petition is filed to quash decision No. 16 in

Ext.P8 decision register of the 3rd respondent Panchayat.

2. The petitioners are the President and Secretary of

the Haritha Karma Sena (Green Army) of the 3 rd respondent

Panchayat. The petitioners were selected from the

Kudumbasree units concerned and are working under the

supervision of the 3rd respondent and the Kudumbasree units.

As per the bye-laws of the Haritha Karma Sena, two persons

have to be selected to every ward from the Kudumbasree

cluster units concerned. After their selection, they were given

training as per Ext.P1 bye-laws. During the functioning of the

Haritha Karma Sena, on the allegation of mismanagement,

some office bearers resigned from their posts. Consequently,

the 4th respondent appointed a Returning Officer to conduct a

fresh election. During this period, few Kudumbasree cluster

units were disaffiliated on the allegation of mismanagement. WP(C) NO. 28588 OF 2025

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On 27.06.2025, the petitioners were elected as the President

and Secretary of the Haritha Karma Sena in the election.

Surprisingly, by decision No.16 in Ext.P8 decision register, the

election has been cancelled. Decision No.16 is illegal and

arbitrary. Hence, the writ petition.

3. In the counter affidavit filed by the respondents 3 to

5, they have contended that the election was cancelled by the

Panchayat committee, as it was not validly conducted. The

Returning Officer had acted arbitrarily by disqualifying

certain candidates without giving notice to them. There is no

illegality in decision No.16 in Ext.P8 decision register.

Therefore, the writ petition may be dismissed.

4. Heard; the learned Counsel for the petitioners, the

learned Senior Government Pleader and the learned Standing

Counsel for the respondents 3 to 5.

5. The learned Counsel for the petitioners and the

learned Standing Counsel for the respondents 3 to 5 reiterated

their contentions in the respective pleadings.

6. The learned Senior Government Pleader drew the

attention of this Court to Section 191 of the Kerala Panchayat WP(C) NO. 28588 OF 2025

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Raj, 1994 and contended that, any decision taken by a

Panchayat can be cancelled and suspended by the

Government either on its own motion or on any petition

received from a citizen. In view of the alternative statutory

remedy available to the petitioners, this Court may not

entertain this writ petition, especially since there are disputed

questions of fact. She relied on the decision in Padmanabhan

P.K.vs. Deputy Director of Panchayaths (2024 (2) KHC 280) to

fortify her contention.

7. The crux of the dispute in the writ petition relates to

decision No.16 in Ext.P8 decision register.

8. By the impugned decision, the Panchayat has

resolved to cancel the election held to elect office bearers of

the Haritha Karma Sena of the 3rd respondent Panchayat. In

the said meeting, the Panchayat found that the Returning

Officer had abused his position and arbitrarily exercised his

power by disqualifying candidates without notice to them.

9. In the above context, it is necessary to refer to

Section 191 of the Kerala Panchayat Raj Act, 1994 which

reads as follows:

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"191. Power of cancellation and suspension of resolutions etc. -

(1) Government may either suo moto or, on a reference by President, Secretary or a member, or on a petition received from a citizen, cancel or very a resolution passed or a decision taken by the panchayat if in their opinion such decision or resolution -

(a) is not legally passed or taken; or

(b) is in excess of the powers conferred by this Act or any other law or its abuse; or

(c) is likely to endanger human life, health public safety, communal harmony or may lead to riot or quarrel; or

(d) is in violation of the directions or provisions of grant issued by Government in the matter of implementing the plans, schemes or programmes.

(2) Before cancelling or amending a resolution or decision as per sub-section (1), the Government may refer the matter for consideration either of the ombudsman constituted under section 271 G or the tribunal constituted under section 271S and the ombudsman or the tribunal, as the case may be; after giving the panchayat an opportunity of being head, send a report to the Government with its conclusions and the Government may, on its basis cancel, amend or confirm the resolution or decision.

(3) If another remedy is available to the petitioner through the tribunal under section 276, the Government shall not consider any petition for cancelling or amending any resolution or decision of the Panchayat.

(4) If Government consider that a resolution or decision of the Panchayat has to be cancelled or amended as per sub-section (1) it may suspend such resolution or decision temporarily and may direct the panchayat to defer its implementation till the final disposal after the completion of the procedure under sub-section (2)".

In view of the alternative statutory remedy available to WP(C) NO. 28588 OF 2025

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the petitioners and the fact that there are no extraordinary

circumstances made out to entertain this writ petition,

especially in view of the disputed questions of fact involved in

the writ petition, I am not inclined to entertain the writ

petition. Consequently, this writ petition is dismissed, but

without prejudice to the right of the petitioners to work out

their statutory remedies in accordance with law.

sd/-

C.S.DIAS, JUDGE

rkc/21.08.25 WP(C) NO. 28588 OF 2025

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APPENDIX OF WP(C) 28588/2025

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE BYLAW OF THE HARITHA KARMASENA APPROVED BY THE EXECUTIVE DIRECTOR, KUDAMBASREE DATED 23/4/2018 Exhibit-P2 A TRUE COPY OF THE ORDER APPOINTING RETURNING OFFICER ISSUED BY THE 4TH RESPONDENT DATED 16/6/2025 Exhibit-P3 A TRUE COPY OF THE NOTICE ISSUED BY THE RETURNING OFFICER DATED 25/6/2025 Exhibit-P4 A TRUE COPY OF THE REPORT OF THE RETURNING OFFICER DATED NIL Exhibit-P5 A TRUE COPY OF THE MINUTES BOOK RELEVANT PAGES OF MEETING HELD ON 27/6/2025 Exhibit-P6 A TRUE COPY OF AUDIT REPORT FROM KAASS, THRISSUR DATED NIL Exhibit-P7 A TRUE COPY OF THE REPRESENTATION FILED BY 22 MEMBERS DATED NIL Exhibit-P8 A TRUE COPY OF THE DECISION REGISTER OF KODASSERY PANCHAYATH DATED 14/7/2025 RESPONDENT EXHIBITS

ExhibtR3 (g) A true copy of the order No.3535160-2025 dated 2/8/2025 issued by the 3rd respondent, Exhibit R3(a) A true copy of GO[M.S] No. 2420/2017/LSGD dated 15/07/2017, issued by the Government, is produced ExhibtR3 (b) A true copy of G.OIM.S] No. 1496/2020/LSGD dated 12/08/2020, issued by the Government, is. produced ExhibtR3 (d) A true copy of letter dated 5/5/2025, submitted by Smt. Manju Ramesh before the 3rd respondent, ExhibtR3(c) A true copy of letter dated 24/4/2025, submitted by Smt. DevikaShibu before the 3rd respendent, ExhibtR3(e) . A true copy of resolution No.1/13 dated 23/05/2025,taken by the Panchayath Committee of the 3™ respondent, i ExhibtR3 (f) A true copy of the minutes of meeting of concerned officials of the 30 A respondent held on 31/7/2025, ExhibtR3(h) A true copy of resolution No.25/1 dated 1/8/2025 taken by the Pafichayath Committee of the 3rd respondent,