Kerala - Kochi   

Vice-chairperson told to perform duties of chairperson in Palakkad

Staff Reporter

High Court quashes single judge verdict on Palakkad municipality

Kochi: A Division Bench of the Kerala High Court on Wednesday declared that vice-chairperson of the Palakkad municipality S.R. Balasubramanian could discharge the duties of the chairperson till a new chairperson is elected.

The Bench comprising Justice K.S. Radhakrishnan and Justice K.T. Sankaran passed the judgment while quashing a single judge's verdict holding that Mr. Balasubramanian had no authority to act as vice-chairperson as the oath taken by him did not conform to the provisions in the Kerala Municipality Act. The single judge had held that the oath taken by Mr. Balasubramanian was not legal as he took the oath before the Returning Officer, instead of the chairperson as contemplated under Section 143(2) of the Act.

The court observed that the conduct of A.K Chandrankutty, who was elected as chairperson, in not assuming the office, making a "mockery of the democratic process" and thereby ignoring the constitutional principles of reservation and the mandate of the people "cannot be appreciated."

The Judges said that though Mr. Chandrankutty was elected, he refused to take oath as provided under the Act before the Returning Officer lest the Deputy Chairperson would take the oath before him. The court observed that no substantive cause had been shown by him for not taking the oath.

The Bench observed that the performance of formalities prescribed by the statute had been rendered impossible not due to the fault of the vice-chairperson.

The court found no infirmities in Mr. Balasubramanian taking oath before the Returning Officer, the person before whom the chairperson had to subscribe the oath. Besides, if the chairperson could subscribe the oath before the Returning Officer, the court failed to see why the vice-chairperson could not take oath before the same person.

Directing the State Government and the State Election Commission not to dissolve the Palakkad Municipal Council, the Bench also declared that the State Election Commission had got the power to declare that Mr. Chandrankutty had vacated the office and conduct fresh election to fill up the post. The court ordered that if nobody from the Scheduled Caste community was coming forward to file nominations to the post, "the possibility of reserving the post to women could be thought of, failing which the post be de-reserved leaving it to general category."

The court observed that the post of chairperson was reserved to the Scheduled Caste community so as to uphold the constitutional principles. The court delivered the judgment while allowing the appeal of Mr. Balasubramanian and the petition against the dissolution of the council.

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