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HIGH COURT OF KERALA
S. Manikumar, CJ, Shaji P. Chaly, J
JUSTINE PALLIVATHUKKAL – Appellant
Versus
STATE OF KERALA GENERAL ADMINISTRATION (MINORITY WELFARE) DEPARTMENT – Respondent
| Table of Content |
|---|
| 1. challenge against minority commission appointments and legislative amendments. (Para 1 , 2 , 3 , 4) |
| 2. legislative purpose of the amendment and preceding complaints. (Para 5 , 6 , 7) |
| 3. argument against constitutional validity of legislative actions. (Para 12 , 14 , 15) |
| 4. court's evaluation of claims regarding community representation. (Para 24 , 25 , 27 , 38 , 48) |
JUDGMENT
S. Manikumar, CJ
Petitioner, claiming to be a lawyer by profession and a member of the Roman Catholic community, a recognized minority community in the State, has filed the instant public interest writ petition challenging the Kerala State Commission for Minorities (Amendment) Act, 2017 , on the ground that it violates Article 14 of the Constitution of India .
2. Reliefs sought for in the writ petition are as under:
(i) Issue a writ in the nature of Certiorari or any other Writ, Order, of direction, quashing Exhibit-P1 amendment Act, the same being unreasonable, arbitrary and violative of Articles 14 and 13(2) of the Constitution of India .
(ii) Issue a declaration that the appointment of persons from the same minority community as members of the Kerala State Minority Commission is unconstitutiona
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