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
['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