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.