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2021 Supreme(Online)(KER) 35123

HIGH COURT OF KERALA
N. NAGARESH, J
VALSALA M. – Appellant
Versus
THE RETURNING OFFICER – Respondent


Advocates:
K.DEEPA (PAYYANUR)

JUDGMENT

Dated this the 23rd day of December, 2021 The petitioner, who has been occupying the post of Chairperson in the Community Development Society, Kudumbashree, Perumanna Klari since 02.03.2010, is before this Court seeking to command the first respondent to permit the petitioner to participate in the election which is scheduled to be held on 26.12.2021 for electing the Chairperson for CDS, Perumanna Klari.

2. The petitioner states that she belongs to a Scheduled Caste. The petitioner has been holding the post of Chairperson of the CDS. In order to prevent the petitioner from contesting to the post again, certain persons colluded together with the higher officials and suspended the petitioner as per Ext.P4. Now on the basis of Ext.P4 order of Suspension, the petitioner is not being permitted to contest to the post of Chairman. The respondents are compellable to permit the petitioner to contest the election, contends the petitioner.

3. The learned Government Pleader would submit that as per clause 12.7.(b) and (c) of the Kudumbashree Thrithala Samvidhanam Bye-law , a candidate who have occupied the post of Chairman for two consecutive terms will not be eligible to contest again.

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