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2026 Supreme(Online)(Ker) 16595

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
ADV. KULATHOOR JAISINGH – Appellant
Versus
THE CHAIRMAN, PRIVILEGES AND ETHICS COMMITTEE, KERALA LEGISLATIVE ASSEMBLY – Respondent
WP(PIL) NO. 44 OF 2026



Advocates:
For the Appellants/Petitioners: ADV. KULATHOOR JAISINGH, ADV. SRI.M.R.SARIN
For the Respondents: SRI.N.MANOJ KUMAR-STATE ATTORNEY

The court lacks jurisdiction to intervene in proceedings before the Privileges and Ethics Committee of the Legislative Assembly.

Headnote:The writ petition, seeking a direction to the Secretary of the Kerala Legislative Assembly regarding a complaint against an MLA, is held to be misconceived, as jurisdiction lies within the Assembly's Privileges and Ethics Committee. The court emphasizes the sanctity of legislative proceedings under Article 226 of the Constitution. Consequently, the writ petition is dismissed as it lacks jurisdiction and procedural standing.

Table of Content
1. pending complaints are not under court's jurisdiction. (Para 2)
2. court emphasizes legislative proceeding sanctity. (Para 3)

Heard Mr. Muhammed Sulfikar representing Mr. M.R.

Sarin, learned counsel for the petitioner and Mr. N. Manoj Kumar, learned State Attorney.

2. This writ petition is filed in public interest, seeking a direction to the 2nd respondent, the Secretary, Kerala Legislative Assembly, to consider and pass appropriate orders on Exhibit-P4 representation stated to have been submitted by the petitioner. In the said representation, the petitioner has challenged the validity and sustainability of the proceedings arising out of a complaint preferred by the 3rd respondent regarding a member of the Legislative Assembly which was forwarded by the Speaker of the Kerala Legislative Assembly to the 2nd respondent, and the same is presently stated to be pending before the Privileges and Ethics Committee of the Kerala Legislative Assembly.

3. At the outset, we note that the subject matter raised in this writ petition is presently pending consideration before the competent Committee of the Legislative Assembly and the same does not fall within the domain of this Court to intervene or entertain. It is trite and well settled that in matters falling within the jurisdictional purview of the Legislative Assembly, particularly those pending before the Privileges and Ethics Committee, the jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked. Proceedings before the Privileges and Ethics Committee of the Legislative Assembly have been afforded certain sacrosanctness under the constitutional scheme. The same cannot be meddled with by a citizen invoking the jurisdiction of this Court under of the . We find that this writ petition is totally misconceived and not fit to be entertained. Moreover, it is also noted that the affected member of the Legislative Assembly, the person who ought to be aggrieved, has neither approached this Court nor has he been arrayed as a party to these proceedings. On the said count too, we decline to entertain the writ petition.

4. The petition is dismissed accordingly.

Sd/-

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