High CourtsSingle Bench(2023) 03 KL CK 0243

Babu P. Kuriakose vs Secretary, Adimaly Block Panchayat (Authorized Officer) Block Panchayat Office, Adimaly, Idukki (Dist)., Pin 685531

High Court Of Kerala · Decided on 24 March 2023

HON’BLE JUDGES
N.Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 9880 Of 2023

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Judgment

6 paragraphs · 294 words

N.Nagaresh, J

1.

The petitioners are the elected members of the Adimaly Grama Panchayat. On 10.03.2023, the petitioners filed an application under Section 157 of the Kerala Panchayat Raj Act to move a No-Confidence Motion against the President of the Adimaly Grama Panchayat, before the 1st respondent who is the Authorised Officer appointed by the State Election Commission under Section 157(2) of the Act. Accordingly, the 1st respondent scheduled a meeting to discuss the No-Confidence Motion to 25.03.2023. However, there is open challenge and threat from the ruling party members and political parties. The petitioners have filed application before the police for protection to their life and property which has not been responded to.

2.

Government Pleader entered appearance and submitted that since the issue has been brought to the notice of respondents 2 to 4, the respondents will be deploying sufficient number of police personnel to maintain law and order, as is found necessary.

3.

I have heard the learned counsel for the petitioners, and the learned Government Pleader representing respondents 1 to 4. Though notice was served on respondents 5 to 8 by special messenger, respondents 5 to 8 are not represented.

4.

Taking into consideration the fact that a No-Confidence Motion is being presented on 25.03.2023 and there is a likelihood of law and order issues, it will be only in the fitness of things that respondents 2 to 4 deploy sufficient number of police personnel for maintaining law and order in the Grama Panchayat office premises.

The writ petition is therefore disposed of directing respondents 2 to 4 to ensure that sufficient number of police personnel are deployed in the Grama Panchyat office premises to ensure that there is no law and order issues on 25.03.2023, during the No-Confidence Motion.