Back
2021 Supreme(Online)(KER) 35123
HIGH COURT OF KERALA
N. NAGARESH, J
VALSALA M. – Appellant
Versus
THE RETURNING OFFICER – Respondent
WP(C)/29737/2021
K.DEEPA (PAYYANUR)
A suspension does not inherently disqualify a candidate from elections if they meet prescribed eligibility criteria in Bye-laws.
Headnote:
Election - Chairperson - Kudumbashree Bye-laws - The court indicated that a suspension order does not automatically disqualify a candidate from contesting elections if eligibility conditions are fulfilled as per the Bye-laws.
Fact of the Case:
The petitioner was suspended from her post as Chairperson of a Community Development Society and sought permission to contest the upcoming election, claiming her suspension was a pretext to prevent her candidacy.
Finding of the Court:
The court ruled that the suspension order could not prevent the petitioner from contesting provided she met the eligibility requirements under the Kudumbashree Bye-laws.
Issues: Whether the suspension order disqualified the petitioner from participating in the upcoming election.
Ratio Decidendi: The court emphasized that eligibility conditions should be examined under the Bye-laws, and a suspension does not negate the right to contest if one meets those criteria.
Final Decision: The writ petition was disposed of affirming that suspension does not bar the petitioner from contesting the election.
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. Therefore the petitioner is not entitled to the relief prayed for in the writ petition.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. The petitioner has challenged Ext.P4 order of Suspension filing W.P.(C) No.25250/2020 before this Court. This Court passed an interim order on 30.11.2020 directing that the suspension ordered against the petitioner will stand stayed, on condition that she will not deal with the finances of the CDS and will not take any policy decisions relating to monetory aspects without further orders from this Court. In view of Ext.P5 interim order of this Court passed in W.P.(C) No.25250/2020, the Suspension of the petitioner cannot be a reason to deny her opportunity to contest in the election.
6. However, to contest the election the petitioner has to satisfy the eligibility conditions prescribed under the Kudumbashree Bye-laws. If the petitioner is eligible under the Bye-laws, Ext.P4 Suspension Order cannot hamper the right of the petitioner to contest in the election, in view of Ext.P5 interim order.
In the facts and circumstances of the case, the writ petition is disposed of declaring that Ext.P4 order of Suspension by itself will not dis-entitle the petitioner from contesting the election in view of Ext.P5 interim order of this Court. The petitioner's eligibility to contest elections will depend upon the provisions of the relevant bye laws.
sd/-
N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 29737/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 30/01/2018 IN WP(C) NO.2706/2018 OF THIS HON'BLE COURT.
Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO.356/2019 OF KALPAKANCHERY POLICE REGISTERED U/S. 153 IPC & 120(O) KP ACT BASED ON THE COMPLAINT OF PETITIONER.
Exhibit P3 TRUE COPY OF AN UNDATED COMPLAINT FILED BY SMT.CHINNA BEFORE THE DISTRICT MISSION CO-ORDINATOR.
Exhibit P4 TRUE COPY OF THE ORDER DATED 02/11/2020 OF THE DISTRICT MISSION CO-ORDINATOR TO SUSPEND THE PETITIONER FROM THE POST OF CHAIRPERSON.
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED
30.11.2020 IN WP(C) NO.25250/2020 OF THIS HON'BLE COURT.
RESPONDENTS’ EXHIBITS NIL
