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2022 Supreme(Online)(KER) 20159
HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
ARUN RAJ – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/36131/2022
J.VISHNU ANU BALAKRISHNAN NAMBIAR, SRI S.RAJMOHAN, G.SANTHOSH KUMAR (P)
Registered members must be given proper notice and opportunity to contest in elections, as per established procedural norms.
Headnote:
Voting - Temple Advisory Committee Elections - Article 226 of the Constitution - The court emphasized the necessity of adhering to procedural rules for elections and the rights of registered members.
Fact of the Case:
The petitioner, a devotee of a temple, was omitted from the voters list for the upcoming Temple Advisory Committee elections without notice, prompting him to file a writ petition seeking various remedial actions.
Finding of the Court:
The court noted that the election had already taken place and found that the issues raised by the petitioner mainly pertained to the validity of the exclusion from the voters list, which was a factual dispute.
Issues: Whether the petitioner was unlawfully excluded from the voters list for the Temple Advisory Committee elections without notice, and the legality of the election process.
Ratio Decidendi: The court concluded that the issues raised by the petitioner are infructuous due to the completion of the election and directed authorities to consider the petitioner's grievances regarding exclusion.
Final Decision: The Writ Petition was disposed of directing authorities to address the petitioner's concerns within two months.
JUDGMENT
P.G.Ajithkumar, J.
The petitioner is a devotee of Sree Vallabha Temple, Thiruvalla. He is a member of the registered Mandalam for the electing the members of the Temple Advisory Committee in that Temple. Election of the members of the Temple Advisory Committee is scheduled to be held on 14.11.2022. The name of the petitioner and also 50 others were omitted from the final voters list published on 08.11.2022. Notice of 7 days regarding election, as stipulated in Ext.P1 bye-law, was not given to the members. Pointing out those reasons, the petitioner has filed this Writ Petition under Article 226 of the Constitution of India seeking the following reliefs:-
“I. To issue a writ of certiorari calling for records leading to Exhibit P8, Exhibit P9 and Exhibit P10 and to quash the same;
II. To issue a writ of mandamus directing the respondents to cancel the election to the Temple Advisory Committee of the Sree Vallabha Temple scheduled on 14.11.2022;
III. To issue a writ of mandamus directing the respondents to conduct the elections to the Temple Advisory Committee of the Sree Vallabha Temple strictly in accordance with the provisions of the Exhibit P1 notification;
IV. To issue a writ of mandamus directing the respondents to restore the petitioner's name in the list of registered members eligible to take part in the general body;
V. To declare that removal of the petitioner as a registered member eligible to take part in the general body for election to the Temple Advisory Committee of the Sree Vallabha Temple, is highly illegal, unjust and arbitrary;”
2. On 10.11.2022, when this matter came up for consideration, the learned Senior Government Pleader took notice for the 1st respondent. The learned Standing Counsel for the Travancore Devaswom Board took notice for respondent Nos.2 to 5. Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel for the Travancore Devaswom Board, it was ordered that the election to the Temple Advisory Committee of Sree Vallabha Temple will be subject to outcome of this Writ Petition.
3. Today, we heard the learned counsel appearing for the petitioner, the learned Senior Government Pleader and also the learned Standing Counsel for the Travancore Devaswom Board.
4. The election of the members of the Temple Advisory Committee of Sree Vallabha Temple, Thiruvalla, was already held as scheduled on 14.11.2022. New members of the Advisory Committee has been elected. The learned counsel appearing for the petitioner does not refute the submissions of the learned Standing Counsel for the Travancore Devaswom Board in that regard. In view of that, relief Nos.I, II, III and IV have become infructuous.
5. The learned Standing Counsel for the Travancore Devaswom Board would submit that names of a few registered voters, including the petitioner, were omitted from the list for valid reasons. The grievance of the petitioner is that without giving even a notice, his name was omitted from the voters list. Therefore, the action of respondent Nos.4 and 5 in excluding the name of the petitioner and a few others from the voters list is a gross illegal act. The said contention of the petitioner is disputed by the learned Standing Counsel and it is contended that a few names were excluded for valid reasons. Those are disputed questions of fact. The petitioner has already submitted representations before the 3rd respondent-Devaswom Commissioner and the 5th respondent- Sub Group Officer, Sree Vallabha Temple, Thiruvalla, espousing his grievance in the matter of excluding his name from the list of registered voters.
6. Considering the aforesaid facts and circumstances, we are of the view that respondent Nos.3 and 5 shall consider the said representations, Exts.P11 and P12, after giving a reasonable opportunity to the petitioner of being heard. The Writ Petition is accordingly disposed of by directing respondent Nos.3 and 5 to consider and pass orders on Exsts.P11 and P12, as expeditiously as pos
