SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2018 Supreme(Online)(KER) 53474

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

WEDNESDAY,THE 31ST DAY OF OCTOBER 2018 / 9TH KARTHIKA, 1940

WP(C).No. 4744 of 2018

PETITIONER:

JANCY MARTIN

PADATHARA HOUSE,SURABHI ROAD,

SRRA-38,PADIVATTOM,

EDAPPALLY,ERNAKULAM,PIN-682024.

BY ADVS.

SRI.C.S.AJITH PRAKASH

SRI.A.TJOSE

SRI.BIJITH S.KHAN

SRI.PAUL C THOMAS

SRI.T.K.DEVARAJAN

RESPONDENTS:

1

THE DISTRICT COLLECTOR

ERNAKULAM,OFFICE OF THE DISTRICT

COLLECTOR,CIVIL STATION,THRIKKAKARA,PIN-682030.

2

KUDUMBASHREE DISTRICT ELECTION OFFICERTHE

DEPUTY COLLECTOR

(ELECTION),OFFICE OF THE DEPUTY

COLLECTOR(ELECTION),THRIKKAKARA,ERNAKULAM,PIN-

682030.

3

THE SECRETARY

CORPORATION OF COCHIN,OFFICE OF THE CORPORATION

OF COCHIN,ERNAKULAM,PIN-682025.

4

THE NODAL OFFICER(KUDUMBASHREE)

CORPORATION OF COCHIN,OFFICE OF THE CORPORATION

OF COCHIN,ERNAKULAM,PIN-682025.

5

JILLA MISSION CO-ORDINATIONKUDUMBASHREE

CIVIL STATION,KAKKANAD,PIN-682030.

W.P.(C).No.4744 & 8437/18

2

6

DISTRICT COORDINATOR/RETURNING OFFICER

EAST CDS ELECTION,JILLA SUCHITWA MISSION,CIVIL

STATION,KAKKANAD,PIN-682030.

BY ADVS.

GOVERNMENT PLEADER

SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN

SRI.K.P.JUSTINEKARIPATSCCOCHIN CORPN

OTHER PRESENT:

KANNAN GP

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

5.10.2018, ALONG WITH WP(C)No.8437/2018, THE COURT ON

31.10.2018 DELIVERED THE FOLLOWING:

W.P.(C).No.4744 & 8437/18

3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

WEDNESDAY,THE 31ST DAY OF OCTOBER 2018 / 9TH KARTHIKA, 1940

WP(C).No. 8437 of 2018

PETITIONER:

MINI JOSHI

KOTHERI ROAD, VADUTHALA, PIN-686 023

BY ADVS.

SRI.C.S.AJITH PRAKASH

SRI.A.TJOSE

SRI.BIJITH S.KHAN

SRI.PAUL C THOMAS

SRI.T.K.DEVARAJAN

RESPONDENTS:

1

THE DISTRICT COLLECTOR, ERNAKULAM

OFFICE OF THE DISTRICT COLLECTOR,CIVIL STATION,

THRIKKAKARA, PIN-682 030

2

KUDUMBASHREE DISTRICT ELECTION OFFICER

THE DEPUTY COLLECTOR, (ELECTION),OFFICE OF THE

DEPUTY COLLECTOR (ELECTION),THRIKKAKARA,

ERNAKULAM, PIN-682030

3

THE SECRETARY CORPORATION OF COCHIN

OFFICE OF THE CORPORATION OF COCHIN,ERNAKULAM,

PIN-682 025

4

THE NODAL OFFICER KUDUMBASHREE

CORPORATION OF COCHIN,OFFICE OF THE COPORATION

OF COCHIN, ERNAKULAM,PIN-682 025

W.P.(C).No.4744 & 8437/18

4

5

JILLA MISSION CO-ORDINATION KUDUMBASHREE

CIVIL STATION, KAKKANAD, PIN-682 030

6

DISTRICT COORDINATORRETURNING OFFICER

EAST CDS ELECTION, JILLA SUCHITWA MISSION,CIVIL

STATION, KAKKANAD, PIN-682 030

7

SUJATHA VENUGOPAL

MANNAM KANAYATH HOUSE, NAVAJYOTHI

LANE,ELAMAKKARA P.O., KOCHI-682 026

BY ADVS.

GOVERNMENT PLEADER

SRI.ASOK M.CHERIAN

SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN

SRI.K.P.JUSTINEKARIPATSCCOCHIN CORPN

SRI.N.SATHEESH

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

5.10.2018, ALONG WITH WP(C).4744/2018, THE COURT ON

31.10.2018 DELIVERED THE FOLLOWING:

W.P.(C).No.4744 & 8437/18

5

Advocates:
['SRI C S AJITH PRAKASH', '', 'SRI BIJITH S KHAN', 'SRI T K DEVARAJAN', 'SRI A TJOSE', 'SRI PAUL C THOMAS', 'SRI ASOK M CHERIAN', 'GOVERNMENT PLEADER', 'SRI K P JUSTINEKARIPATSC', 'COCHIN CORPN']

1.These writ petitions are filed with regard to the election

conducted to the posts of Chairperson and Vice-chairperson of

the Community Development Scheme of the Kudumbashree

Project. The petitioner in W.P.(C).No.8437/2018 was a

candidate to the office of the Chairperson of the Community

Development Scheme of Kochi East, while the petitioner in

W.P.(C).No.4744/2018 was a candidate to the post of Vice

Chairperson. It is stated that the Kudumbasree is a project of

the Kerala Government under the women empowerment and

poverty eradication programme formed and enforced by the

State Poverty Eradication Mission (SPEM). The Community

Developmental Society (CDS for short) is to elect a

Chairperson and Vice chairperson. Exhibit P1 is the rules

framed by the Government for the conduct of election to the

said posts. The rules provide for conduct of the general body

consisting of all the elected governing committee members of

the area committees within the area of operation of the CDS.

The Governing body of the CDS elected from among the

6

members of the CDS is to meet and elect the Chairperson and

Vice-chairperson of the CDS.

2.It is submitted that an election as contemplated to the post of

Chairperson and Vice-chairperson of the CDS was held on

25.01.2018. Smt.Sujatha Venugopal (the 7th respondent) and

the petitioner in W.P.(C).No.8437 of 2018 were proposed as

candidates in the election. Twelve votes were polled in the

favour of the 7th respondent and eleven votes in favour of the

petitioner and the 7th respondent was declared elected.

Immediately thereafter, one delegate Smt.Sheela Sebastian

raised an objection that the 7th respondent is a Board member

of the Edappally Service Co-operative Bank Ltd.No.328 and is

therefore disqualified. Though the 7th respondent claimed that

she had resigned, since the claim could not be substantiated,

the election already conducted was set at nought and a fresh

election to the post of chairperson was conducted. The

petitioner in W.P.(C).No.8437 of 2018 and Smt.Zohera Ashraf

were proposed as candidates. The petitioner was declared

elected. To the post of vice-chairperson, Smt.Jancy Martin,

7

petitioner in W.P.(C).No. 4744/2018 was declared elected.

Exhibit P3 is the minutes. However, before the oath taking

ceremony on 26.1.2018, the District Election Officer, the 2nd

respondent informed that the election is kept in abeyance due

to complaint by the 7th respondent. Exhibit P6 proceedings

was issued on 30.1.2018 cancelling the elections and directing

a fresh round of election. It is stated that the petitioner was

never put on notice or heard before Ext.P6 was issued.

Against the same Exhibit P7 appeal was preferred by the

petitioner before the District Collector. But no orders were

passed thereon. This writ petition was filed on 12.03.2018.

3. In W.P.(C).No.4744 of 2018 the petitioner, who was the

returned candidate to the post of Vice-chairperson contends

that there was no whisper of challenge as against her election

and challenges Exhibits P4 and P5 orders to the extent they

invalidate the election to the post of Vice-chairperson without

any complaint being raised and without notice to the

petitioner.

8

4.A detailed counter affidavit has been placed on record in W.P.

(C).No.8437 of 2018 by the 2nd respondent along with an

application to vacate the interim order. It is contended that in

the election conducted on 25.1.2015, the 7th respondent was

elected as the Chairperson. It is stated that the said election

was cancelled by the Returning Officer consequent to an

objection raised by a voter. It is stated that an appeal taken by

the 7th respondent as against the illegal step of cancellation of

election and conducting of fresh election by the returning

officer had been considered by the appellate authority and

finding that the setting aside of the election and conduct of the

fresh election by the Returning Officer

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top