Disposed

Csita Stakeholders Association v. State of Kerala

Kerala HC14 Sept 2020WP(C)/18701/2020

Case brief

AI extract

What is this about?

Petitioner sought writ to postpone Bishopric panel election scheduled for 15.09.2020 due to pandemic and directed District Collector to consider representations under Disaster Management Act. Court closed the petition as representation was already rejected and election permitted to proceed.

What did the court decide?

Petition closed recording the submission that representations were rejected and election was permitted to proceed.

Csita Stakeholders Association Vs State of Kerala — Service and Employment | Kerala HC (2020)

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WP(C).No.18701 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942

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WP(C).No.18701 OF 2020(K)

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PETITIONER/S:

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CSITA STAKEHOLDERS ASSOCIATION REG.NO.EKM/TC/161/2018, REPRESENTED BY ITS SECRETARY, MR.JACOB MATHEW, IYKARA, 14/1847, CHULLICKAL, COCHIN-682005.

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BY ADVS. SRI.ARUN KRISHNA DHAN SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ALEX ABRAHAM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DISTRICT COLLECTOR, DISTRICT COLLECTORATE, KOTTAYAM KUMILY RD., KOTTAYAM-686002.

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3 DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695010.

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4 CHAIRPERSON, BISHOPRIC PANEL ELECTION SUBCOMMITTEE 2020, CSI DIOCESAN OFFICE, NORTON CLERGY HOME, CHALUKUNNU, KOTTAYAM-686001.

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OTHER PRESENT:

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SMT.PRINCY XAVIER ,GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18701 OF 2020

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JUDGMENT

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Dated this the 14^th day of September 2020

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The Writ Petition is filed by CSITA Stakeholders Association seeking the following reliefs:

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I. Issue a writ of mandamus or any other appropriate writ order or direction, commanding the respondent Nos.1 to 4 to postpone the election to the Bishopric panel scheduled to be held on 15^th September 2020 until the Covid-19 pandemic is contained;

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II. Issue writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd respondent to take up, consider and pass appropriate orders on Exts.P4&P6 representations preferred by the petitioner on merits expeditiously and in accordance with Ext.P3 issued under the Disaster Management Act, 2005.

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When the matter came up for consideration, the learned Government Pleader as well as the learned counsel appearing for the 4^th respondent, Adv.Abraham George Jacob submitted that the representation submitted by the petitioner is already rejected in view of the order passed by the Government permitting the 4^th respondent to conduct the election observing the standard operating procedure. The District Collector has already issued orders on 11.09.2020 subsequent to that and the election will be conducted accordingly. The Writ Petition is closed recording the same.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.18701 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ASSOCIATION.
EXHIBIT P2	A TRUE COPY OF THE JUDGMENT DATED 25.8.2020 IN W.P.(C) NO.17625/2020 OF THIS HON'BLE COURT.
EXHIBIT P3	A TRUE COPY OF THE ORDER NO.40-3/2020-DM- I(A) DATED 29.8.2020 ISSUED BY THE UNION HOME SECRETARY & CHAIRMAN OF NATIONAL EXECUTIVE COMMITTEE.
EXHIBIT P4	A TRUE COPY OF THE REPRESENTATION DATED 2.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5	A TRUE COPY OF THE PUBLIC NOTICE DATED NIL NOTIFYING THE ELECTION TO BE HELD ON 15.9.2020.
EXHIBIT P6	A TRUE COPY OF THE REPRESENTATION DATED 9.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Csita Stakeholders Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Csita Stakeholders Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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