Petitioners challenged an order cancelling a Council election without notice or hearing. The Court found violation of procedural rules, set aside the order, and directed reconsideration after affording hearing.
Set aside Ext.P3 order and direct 3rd respondent to reconsider the complaint after providing opportunity of hearing within three months.
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 SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938
WP(C).No. 24750 of 2016 (P)
PETITIONER(S):
1. PHILIP AGUSTY, AGED 55 YEARS, S/O K.T. AUGUSTHY, KUNNEL HOUSE, THURUTHY P.O., CHANGANACHERY 686 535.
2. N. SUBHASH, AGED 49 YEARS, S/O NARAYANAN NAIR, NAVAYATH HOUSE, MANNARKKAD COLLEGE P.O., PALAKKAD 678 583.
3. RAJEEVAN T.P.,
4. JAYAKRISHNAN. K.C., 47 YEARS, S/O BALAN NAIR, KOROTH HOUSE, MUYIPPOTH P.O., MEPPAYUR VIA KOZHIKKODE 673 524.
5. PROF. PADMAJA,
6. S. SUGATHAN,
AGED 56 YEARS, S/O SADANANDAN, KAVYASHILPAM, NILAMBUR R.S POST, NILAMBUR, MALAPPURAM, KERALA 679 330.
BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.) SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.V.A.HARITHA SMT.SANDHYA R.NAIR SMT.P.M.MAZNA MANSOOR
SKG
WP(C).No. 24750 of 2016 (P)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, KERALA STATE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3. KERALA STATE PHARMACY COUNCIL, MNGV ADIYODI MEMMORIAL PHARMACY BHAVAN, P.H LAB CAMPUS, THIRUVANANTHAPURAM 695 035.
4. THE RETURNING OFFICER, KERALA STATE PHARMACY COUNCIL, MNGV ADIYODI MEMMORIAL CAMPUS, THIRUVANANTHAPURAM 695 035.
5. THE DEPUTY SECRETARY,
6. DEPUTY DRUGS CONTROLLER, OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM 695 035.
7. SHRI C.V. INASU @ BABY, CHALISSERY HOUSE, CHELAKKARA, THRISSUR DISTRICT 680 586.
R1,R2,R5 & R 6 BY GOVERNMENT PLEADER SRI. RON BASTIAN R3-R4 BY ADV. SRI.P.B.SAHASRANAMAN, SC, R7 BY ADV. SRI.LAL K.JOSEPH R7 BY ADV. SRI.A.A.ZIYAD RAHMAN R7 BY ADV. SRI.V.S.SHIRAZ BAVA R7 BY ADV. SRI.JOSEPH KURIAN VALLAMATTAM R7 BY ADV. SRI.M.B.SOORI
THIS WRIT PETITION CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SKG
WP(C).No. 24750 of 2016 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE JUDGMENT DATED 13-10-2015 IN WPC.26731/15 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ENQUIRY REPORT DATED 12-02-2016 |
| EXHIBIT P3 |
TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS) NO. 123/2016/H&FWD DATED 22-06-2016 |
| EXHIBIT P4 |
TRUE COPY OF THE RELEVANT PAGES OF THE KERALA STATE PHARMACY COUNCIL RULES, 2012. |
RESPONDENT(S)' EXHIBITS
----------------------NIL
/TRUE COPY/
P.A. TO JUDGE
SKG
SHAJI P. CHALY, J.
W.P.(C) No.24750 of 2016
Dated this the 24th day of November, 2016
JUDGMENT
Petitioners, elected members of the 3rd respondent, are aggrieved by Ext.P3 order whereby the election to the Council held on 23.07.2013 was cancelled by the State Government without any notice or any opportunity of hearing afforded to the elected members or the other contested candidates. Learned counsel appearing for the 7th respondent submitted that the order was passed by the State Government without giving an opportunity of hearing to the petitioners herein or any other persons.
was taken in the complaint. Apparently, no such exercise is
W.P.(C) No.24750 of 2016 2
undertaken by the 3rd respondent and no opportunity was provided to the petitioners to contest the proceedings. In my considered opinion, Ext.P3 order passed by the 3rd respondent cannot stand the test of law, being violative of the Rules referred above. The order is hit by vice of arbitrariness and illegality, and therefore I set aside Ext.P3 and direct the 3rd respondent to re-consider the complaint filed by 7th respondent, after providing sufficient opportunity of hearing to all concerned in the subject matter, and take a decision within three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/- SHAJI P. CHALY JUDGE
//true copy//
P.S. to Judge
St/24.11.2016
1 issue framed by the court
Whether the State Government was obligated to provide an opportunity of hearing to petitioners before cancelling an election to the Kerala State Pharmacy Council.
1 provisions across 1 enactments
PHILIP AGUSTY AND OTHERS
STATE OF KERALA
KERALA STATE PHARMACY COUNCIL
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
