Jaya R vs State Of Kerala

T.R.Ravi, J

W.P.(C)No.553 of 2022

The petitioner who is an elected member of the Melarcode Grama Panchayat, has challenged the election process to the Kudumbasree

Ayalkoottams of Melarcode Grama Panchayat. The prayer in the writ petition is to direct the respondents 2 and 3 to ensure completion of the audit

and affiliation/renewal of all Kudumbasree Ayalkoottams of the Panchayat before the scheduled elections takes place, so as to enable them to

participate in the electoral process.

On 7.1.2022, this Court issued the following directions:

(1) The respondents 2 and 3 are directed to prepare an additional list of voters representing those Ayalkoottams which are eligible to vote as per Clause 18 of

Kudumbashree Election Rules, but have not been included in the voters list for the reason that their auditing has not been completed.

(2) The persons included in these additional lists are also be permitted to participate in the election process. However, the votes cast by such persons will be kept in a

different ballot box.

 (3) After completing the election, the Electoral Officers may proceed with the counting of the votes and shall prepare the details of votes cast in the main ballot box

as well as in the additional ballot box.

(4) In case the election is not through ballot box and is done by show off hands or any other method, the Electoral Officers shall keep separate count of the votes cast

by the persons in the main list and the additional list.

(5) A report shall be filed before this Court after the completion of the entire process.

(6) This interim direction will not however be applicable in cases where the election process are already completed.

As directed in the order, the District Co-ordinator, Kudumbasree District Mission, Palakkad (3rd respondent) has submitted a

report. It is stated in the report that pursuant to the order of this Court, the complainant had submitted a list of 33 Ayalkoottams to be included in the

voters list. On verification, it was found that out of the 33 Ayalkoottams, 12 Ayalkoottams had received affiliation only in December, 2021 and hence

they are not eligible under Clause 18 of the Election Byelaws. Eight among the 33 Ayalkoottams are stated to be those which are defunct and had not

been audited for years together and hence ineligible to participate in the election. The remaining 33 Ayalkoottams are stated to be Ayalkoottams which

were not formed as per the Kudumbasree Byelaws and which had not even been registered. It is further submitted that apart from the above 33

Ayalkoottams, it was found that two Ayalkoottams had been left out of the list and they were included for the election.

In view of the above, the writ petition is disposed of directing respondents 2 and 3 to complete the election process on the basis of the list finalised

as stated above, including the two Ayalkoottams which were also found eligible, in the election process. If the petitioner has any further grievance, he

is at liberty to approach the concerned authorities under Clause 21 of the Election Byelaws, provided he is eligible to raise a challenge as per the

Byelaws.

Cont.Case (C)No.175 of 2022

The contempt case has been filed alleging that the interim order issued by this Court on 7.1.2022 has not been complied. On going through the report

submitted by the 3rd respondent in the writ petition, I do not find any wilful disobedience of the order issued by the Court. The interim order was

intended to safeguard the rights of such Ayalkoottams who may lose their voting right in the election and was not a recognition of any right of the

petitioner to take part in the election. In view of the final judgment in W.P.(C)No.553 of 2022, no orders are called for in this contempt case and the

same is dismissed.