A member of the Indian National Congress (INC) has filed a writ petition in the Kerala High Court seeking the conduct of organisational elections in the Kerala wing of the Congress party. According to the petitioner, the INC constitution contemplates organisational elections every five years, and it is not a mere organisational requirement, but a statutory requirement for the recognition and registration of a political party under the Representation of People Act.Exercising the power vested in the Election Commission under Article 324 of the Constitution of India and Section 29 A of the Act, the commission has prescribed guidelines for the registration and recognition of political parties. Paragraph 3(xxi) of the guidelines mandates conduct organisational election in regular intervals as a requirement for registration of political parties. So the petitioner argued that this is a requirement for recognition of a political party under the Representation of People Act.It was averred … [Read more...] about Petition In Kerala HC Seeks Organisational Polls In Congress Party [Read Petition]
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In the decision referred to above, a two judge Bench of the Supreme Court held as follows:-Para 33:- “For the time being, we are concerned with four categories of witnesses – a third party disinterested and unrelated witness (such as a by-stander or passerby); a third party interested witness (such as a trap witness); a related and therefore an interested witness (such as the wife of the victim) having an interest in seeing that the accused is punished; a related and therefore an interested witness (such as the wife or brother of the victim) having an interest in seeing the accused punished and also having some enmity with the accused”. (Emphasis supplied)Nevertheless, the Bench observed further as follows:-“But more than the categorization of a witness, the issue really is one of appreciation of the evidence of a witness. A court should examine the evidence of a related and interested witness having an interest in seeing the accused punished and also … [Read more...] about Who is an Interested Witness? IS Raju alias Balachandran and others vs. State of Tamil Nadu (AIR 2013 SC 983) Correctly decided ?
A Public Interest Litigation has been filed by Advocate Arun Thomas against appointing of Sri VS Achuthanandan as Chairman, Administrative Reforms Commission without prescribing the qualification, method of appointment and the constitution of the Selection Committee for the post. The matter which came up Today for consideration before Acting Chief Justice Thottathil B Radhakrishnan and Justice Anu Sivaraman has been adjourned to Thursday for instructions from the Government.The challenge has been made on various counts, more specifically to the contention that Sri Achuthanandan has been selected to the said post without specifying any qualifications and conditions of service thereto by the Government . An amendment was introduced in the Fourteenth Kerala Legislative Assembly to insert sub section (3) to section 2 of the Legislative Assembly (Removal of Disqualification) Act, 1951 as follows:“No person shall be disqualified or deemed ever to have been disqualified for being … [Read more...] about PIL in Kerala HC against appointing VS Achuthanandan as Chairman, Administrative Reforms Commission [Read Petition]
The decision to appoint of Balakrishna Pillai as the chairman of the State Forward Communities Welfare Corporation is, in itself, an embarrassment to the constitutional and democratic will of people of this country, but the fact that Justice Sathasivam as Governor of the state shall have to sign the order appointing him is a bigger embarrassment. Justice P Sathasivam served the judiciary as the Chief Justice of India and after retirement, he joined the executive as the Governor for the state of Kerala. During his tenure as a judge of the apex court, Justice Sathasivam along with Justice BS Chauhan (present Chairman, Law Commission of India) in VS Achuthanandan vs R Balakrishna Pillai [(2011) 3 SCC 317] had convicted Kerala politician R Balakrishna Pillai and sentenced him to serve imprisonment of one year with a fine of Rs 10,000.The judge had also emphasised the need for effective disposal of cases against public servants relating to corruption.The matter pertained to … [Read more...] about Will ‘Governor Sathasivam’ Appoint A Person Convicted By ‘Justice Sathasivam’ As Chairman Of Kerala Forward Community Commission?
A division bench of Kerala High Court has issued notice to senior CPM leader and former Chief Minister of Kerala VS Achuthanandan in a public interest litigation challenging his appointment as Kerala Administrative Reforms Commission Chairman.The bench comprising Justice Thottathil B Radhakrishnan and Justice Devan Ramachandran was hearing the PIL filed by Advocate Arun Thomas against the appointment that took place without prescribing the qualification, method of appointment and the constitution of the Selection Committee for the post.The bench had already issued notice to the other respondents, including former chief secretaries CP Nair and Neela Gangadharan.According to the petitioner, the action of the state government in filling up the post of chairman of the Administrative Reforms Commission by appointing the second respondent without prescribing the qualification for same and without inviting applications from eligible candidates and conducting a due process of selection, is … [Read more...] about Kerala HC Issues Notice To VS Achuthanandan On Appointment To Administrative Reforms Commission
The High Court of Kerala, recentlypresented its views regarding the student political activities in Kerala Campuses and in an Interim Order (passed on 13/10/2017) itself the Court endeavoured to ban campus politics in its entirety. It’s interesting to note that out of the five-page order, except four sentences, every drop of ink was spent for the purpose of eradicating politics from campuses. I am left with no option but to argue that the further hearings of the case, MES Ponnani Management V. State of Kerala, Students Federation of India and others, would be a mere formality; for the text of the order reveals the Court’s true stripes. It is thus relevant to analyse the document in this context, albeit being an interim judicial order in the contempt petition numbered Con. Case (C).No. 1597 of 2017 (S) IN WP(C).28239/2017.The text contained in the order from the very first paragraph to the last consistently reveals the Court’s conceptual and ideological bias, … [Read more...] about Kerala HC’s Order on Campus Politics – More Political than Legal
In a major setback to the bar owners in Kerala, the Supreme Court has upheld the controversial Abkari policy for the year 2014-2015 framed by the Kerala Government restricting the issuance of bar licenses (FL-3) to five-star hotels in the State to serve alcohol to the public, and not to renew the existing bar licences issued to any of the other hotels. Additionally, the Government had decided to close down 10% of outlets out of 338 FL-1 outlets of Kerala State Beverages Corporation and 46 outlets of Consumer Fed each year from 2nd October, 2014 onwards.The Abkari policy so formulated by the Kerala Government as well as the amendments to the Foreign Liquor Rules was assailed before a Single Judge of the Kerala High Court by the writ petitioners, which included hotels classified as Two Star, Three Star, Four Star and Heritage hotels. While dismissing the writ petitions, the Single Judge vide judgment dated 30.10.2014 carved out an exception vis-a-vis the eligibility of Four Star and … [Read more...] about Kerala Liqour Policy; Placing a moratorium on hotels other than Five Star is not a violation of Article 14 of the Constitution; SC [Read Judgment]
The Bar Council of Kerala is constituted by representatives of lawyers who are elected from among them. But it is now doubtful whether the elected representatives of lawyers are eager about the welfare of lawyers of the State of Kerala. The recent development of issuance of Certificate of Practice to lawyers mooted by the Bar Council of India is seen utilised by the Bar Council of Kerala to fleece lawyers. The General Council of Bar Council of India held on 29th/30th November 2014 passed Resolution No: 216/2014 and resolved to repeal the “Bar Council of India Certificate of Practice and Renewal Rules, 2014” and approved the new “Bar Council of India Certificate and Place of Practice (Verification) Rules 2015”.A letter No: KBC/605/2015/Cir (Renewal) dated 06-05-2015 has been issued by the Secretary of Bar Council of Kerala to all Bar Associations which contain the following: The Bar Council has fixed the fee for issuance of Certificate of Practice as Rs.500/- … [Read more...] about Exclusive ; Certificate of Practice – Bar Council of Kerala fleecing lawyers and flouting Rules
The Kerala High court held that a Madrassa is not a place of worship and can function as a polling booth. Justice V. Chitambaresh dismissed a Writ petition filed against the state election commission praying to shift a polling station from a Madrassa.The court observed that Clause III (iv) of the hand book issued by the State Election Commission for the conduct of election to the local bodies thereof is the effect that no police station, hospital or place of religious worship shall function as a polling station. However the court found that a ‘Madrassa’ is neither a place of religious worship nor does it have religious significance.“Madrassa only means a building which houses a school. I do not think that any of the instructions issued by the State Election Commission has been flouted in the instant case”, the court said.The state election commission had submitted that there was a request from a political party to relocate the polling stations of ward No. 1 of … [Read more...] about Madrassa is a school and not a place of worship: Kerala High Court [Read Judgment]
About Fifty members of Kerala High Court Advocates Association led by Senior Advocate K. Ramkumar have put forth a Resolution expressing their deep anguish and concern over the Judgement of the Apex Court in striking down the National Judicial Appointments Commission Act (NJAC Act) and restoring the unconstitutional, undemocratic and opaque collegium system.“This Association expresses its deep anguish and concern over the Judgment of the Apex Court in Striking down the NJAC Act (National Judicial Appointments Commission Act) and restoring the unconstitutional, undemocratic and opaque collegium system. We call upon the Lawyer fraternity to raise their voice against the Judgment and act in unison to protect the democratic spirit and Superiority of the elected over the Selected.” states the resolutionThe resolution will be placed before the General Body on Monday or Tuesday.The Constitution Bench of the Supreme Court declared National Judicial Commission (NJAC) … [Read more...] about Kerala High Court Lawyers moves Resolution against #NJAC Judgment