38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Kerala HC Dismisses Quo Warranto Plea Challenging Appointment of its Former Judge as Chairman of Kerala State Commission for Backward Classes

By Pavitra Shetty      10 October, 2020 05:10 PM      0 Comments
Kerala HC Dismisses Quo Warranto Plea Challenging Appointment of its Former Judge as Chairman of Kerala State Commission for Backward Classes

In the presence of Chief Justice S. Manikumar and Justice Shaji P.Chaly, a writ petition filed seeking to issue the writ of quo warranto declaring retired Judge G. Sasidharan as disqualified to hold the post of Chairman of the Kerala State Commission for Backward Classes has been dismissed

The petition was filed by S. Subramaniam, an activist and his arguments for disqualification of retired Judge G. Sasidharan as Chairman of the Kerala State Commission for Backward Classes are based on the fact that he was appointed to the post of Upa Lok Ayukta under Section 3 of the Kerala Lok Ayukta Act, 1999.

The petitioner further contends that Judge G. Sasidharan is receiving salary and allowances from the State Government and thus under the employment of the Government and Section 3 (3) Kerala State Commission for Backward Classes Act, 1993 provides for the removal of such persons. 

Petitioner referred to Section 3 of The Parliament (Prevention of the Disqualification) Act, 1959, which specified that an office of profit under the Government of India or any states shall act as a disqualification for the holder.

The most important question for consideration by the Court here was - Whether the office of Chairman of Kerala State Commission for Backward Classes is either under the employment of Government of India or under the Government of State?

The court made the following important observations which are as follows - 

  1. Merely because of Section 3 (3) Kerala State Commission for Backward Classes Act, 1993 it cannot be said that the Government has control.
  2. Section 9 Kerala State Commission for Backward Classes Act, 1993 states that advice of the commission shall ordinarily be binding upon the government. 
  3. Thus when the advice of the commission is binding on Government, the commission cannot be said to be under the control of the Government 
  4. Section 10 Kerala State Commission for Backward Classes Act, 1993 states that the commission shall have the powers of the Civil Court. 
  5. The Parliament (Prevention of the Disqualification) Act, 1959, is inappropriate for the case 

Lastly, the court rejected the contention that the Kerala State Commission for Backward Classes is under the Employment of Government of India and thus dismissed the petition.



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email