The Division Bench directed the General Administration Department to furnish better details to the Election Commission to avoid future conflicts regarding election duties for IAS officers assigned to the Travancore Devaswom Board.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 7TH DAY OF NOVEMBER 2014/16TH KARTHIKA, 1936
DBP.No. 134 of 2014 () -----------------------
PARTIES/RESPONDENTS
1. TRAVANCORE DEVASWOM BOARD SECRETARY
2. STATE OF KERALA, REP. BY CHIEF SECRETARY
3. ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI 110 001
R1 BY ADV. SRI.KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD
R2 BY SR. GOVERNMENT PLEADER SRI.R.PADMARAJ R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN.
THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 07-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
D.B.P.No.134 OF 2014
ORDER
Ramachandran Nair, J.
This D.B.P. is based on TDB Report No.163/2014. The learned
Ombudsman has pointed out that the Devaswom Commissioner Sri.Venugopal IAS has been assigned election duty in connection with General Elections to the State Legislative Assemblies of Jharkhand and Jammu & Kashmir and therefore he has to report for duty on 03/12/2014 and he may be exempted in the light of the ensuing Mandala Makaravilakku season. It is also reported that during the previous year also, same situation arose and this Court had to pass orders in the matter.
Court recorded the submission of the learned Standing Counsel for the
D.B.P.No.134/2014
2
Election Commission that the Election Commission has exempted him from duty.
that the Election Commission of India accepted the request of Sri.Venugopal and has exempted him from observer duty in the ensuing election in the State Legislative Assemblies of Jharkhand and Jammu & Kashmir. The learned Standing Counsel further submitted that the above situation could have been avoided, if the General Administration Department had informed the relevant aspects concerning him to the Election Commission earlier and according to him the Election Commission is acting only upon the details furnished by the General Administration Department in respect of each IAS Officers..
the Election Commission, the General Administration Department of the State will see that such contingencies are avoided in future, by
D.B.P.No.134/2014 3
supplying necessary additional details.
The learned Government Pleader will communicate a copy of this order to the Chief Secretary to Government and the Principal Secretary to Government, General Administration Department, Government Secretariat.
T.R.RAMACHANDRAN NAIR, JUDGE
P.V.ASHA, JUDGE
sv.
D.B.P.No.134/2014 4
TRAVANCORE DEVASWOM BOARD SECRETARY
STATE OF KERALA, REP. BY CHIEF SECRETARY
ELECTION COMMISSION OF INDIA
T.R.RAMACHANDRAN NAIR
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
