Kerala - Kochi   

Writ petition to dissolve Palakkad council dismissed

Staff Reporter

High CourtRound-Up

Kochi: A Division Bench of the Kerala High Court on Thursday declined to entertain a writ petition seeking a direction to the State Government and the State Election Commission (SEC) not to dissolve the Palakkad municipal council on the grounds of its failure to elect a chairperson.

The Bench comprising Chief Justice Rajiv Gupta and Justice S. Siri Jagan dismissed the petition saying that the petitioner had no locus standi to file the petition.

The court observed that if at all the municipality was dissolved as apprehended by the petitioner, persons directly affected by it would be the councillors and that nothing had been stated in the petition as to why the councillors could not approach the court in their individual capacity for the protection of their rights if any.

The petitioner, Peoples Forum for Natural Justice, said that the SEC had declared that if a chairperson were not elected at the council meeting scheduled for October 24, the council would be dissolved.

According to the petitioner, the Election Commission had no power to dissolve the council under the provisions of the Kerala Municipalities Act. Section 64 of the Act empowered the Government to disband the council.

As per the section, it could be done only if the council failed to approve budget, or financial crisis, and on the grounds that majority of the members had been disqualified.

So, the Government could dissolve the council only if there was administrative deadlock. But there was no deadlock in the administration of the council warranting dissolution.

Judgement reserved

Justice K. Balakrishnan Nair reserved judgement on three writ petitions filed by Sr. Teena Jose, Sr. M. Jenny and Fr. Thomas Puthussery challenging the refusal of the Bar Council of Kerala to enrol them as lawyers.

In an affidavit, the Bar Council contended that the avocation of the priest and nuns had all the trappings of a profession.

As per the provisions of the Bar Council of India Rules, persons engaged in a full-time salaried employment had been prohibited from enrolling as lawyers.

The petitioners sought a declaration that religious priesthood was not a profession and that they were entitled to be enrolled as lawyers.

Police protection sought

A Bench comprising Justice J.B. Koshy and K.R. Udayabhanu adjourned to October 25 for hearing a petition seeking police protection filed by V.A. Hakeem, leader of the Kanichukulangara Action Council.

According to Mr. Hakeem, he had been threatened that his lawyers' office at North Paravur would be attacked.

Meanwhile, the Advocate Commissioner appointed by the High Court to take possession of the assets and property of the Himalaya Chit Funds filed a preliminary report.

The court appointed the commissioner on a petition seeking to wind up the company.

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