Kerala - Kochi   

Palakkad deputy chairperson: court reserves judgment

Staff Reporter

Quo warranto writ petition seeking his removal

KOCHI: The Kerala High Court on Wednesday reserved its judgment on a quo warranto writ petition seeking to remove S.R. Balasubramanian from the post of deputy chairperson of Palakkad municipality.

Jusitce K.M. Joseph reserved the judgment on a petition filed by Chandradas C.

When the petition came up before the Court, Murali Purushothaman, counsel for the State Election Commission (SEC), contended that under Section 12(5) of the Kerala Municipalities Act, election to the post of deputy chairperson could be called into question only before the district court. Besides, a quo warranto could not be issued on the basis of a petition filed by a person who is not a councillor.

He submitted that the provisions of the Act and relevant rules did not provide for administration of oath of office by the chairperson. What is required is that the deputy chairperson has to take the oath before the chairperson. The oath or affirmation under Section 143(2) of the Act is an additional statutory formality to impress on the duly elected chairperson that he would bear true faith and allegiance to the Constitution and that he would uphold the sovereignty and integrity of the country, besides discharging his duties.

The chairperson has not been entrusted with the duty of administering oath to the deputy chairperson. In fact, the distinction between administration of oath to a person by the chairperson and the oath being taken by a person before the chairperson should be understood. The counsel contended that no chairperson could be elected for the council as no one filed nominations for the post. Since the election to the office of deputy chairperson was duly conducted, if he was not allowed to take oath and enter his office within 15 days from the date of election, the SEC would have to declare the office of deputy chairperson vacated in view of the provisions of the Act. Therefore, there was no illegality in allowing Mr. Balasubramanian to take oath before the Returning Officer.

According to the petitioner, the procedure adopted by the Returning Officer for the election of deputy chairperson was grossly illegal and contradictory to the Act and the Kerala Municipality (Election of Chairperson and Deputy Chairperson) Rules. The oath of office taken by the deputy chairperson was also invalid.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

National highway project runs into rough weather
Custodial death: plea for CBI probe dismissed
Palakkad deputy chairperson: court reserves judgment
Writ petition against dissolution move
Keralashree promises to exploit pool of unemployed youth
Rights panel member defends decision
In search of a model police constable
Efforts to trace missing ship on
Special cover for Tamil Nadu buses
Draft poll rolls to be released today
Temple festival
Around the City
In Kochi Today
Virtual classrooms catching up

Copyright © 2005, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu