Mabrook vs. State Of Kerala - Kerala High Court, 28 February 2022

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 WP(C) NO. 930 OF 2022 PETITIONERS: 1 MABROOK KUDUMBASHREE NEIGHBORHOOD GROUP, NEERCHAL, KANNUR. REP.BY ITS SECRETARY, SHUHAIBA.B, D.O SOOPY, AGED 44 YEARS, BATTINDAVIDA HOUSE, CH NAGAR, THAYYIL P.O, KANNUR DISTRICT, PIN – 670 003 2 AL MAJAS KUDUMBASHREE NEIGHBORHOOD GROUP, NEERCHAL, KANNUR, REP. BY ITS SECRETARY, NISSAMI .C, AGED 38 YEARS, D.O K.V. KHALID, ZEENATH MANZIL, NEERCHAL SCHOOL, THAYYIL P.O, KANNUR DISTRICT, PIN – 670 003 BY ADVS. SRI.M.MUHAMMED SHAFI SMT.T.RASINI SRI.MUNAS K.P RESPONDENTS: 1 STATE OF KERALA LOCAL SELF GOVERNMENT DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 2 THE EXECUTIVE DIRECTOR, STATE KUDUMBASHREE MISSION REP. BY THE EXECUTIVE DIRECTOR, KUDUMBASHREE, THIRUVANANTHAPURAM 3 MEMBER SECRETARY COMMUNITY DEVELOPMENT SOCIETY, KUDUMBASHREE, KANNUR MUNCIPAL CORPORATION, KANNUR WP(C) NO. 930 OF 2022 2 4 RETURNING OFFICER COMMUNITY DEVELOPMENT SOCIETY, KUDUMBASHREE, KANNUR MUNICIPAL CORPORATION, KANNUR OFFICE OF THE DEPUTY COMMISSIONER INTELIGENT, STATE GOODS AND SERVICES TAX DEPARTMENTS, PIN – 670 002 5 DEPUTY DIRECTOR, DISTRICT ELECTION OFFICER-DEPUTY DIRECTOR OF PANCHAYATH, KANNUR 6 DISTRICT COORDINATOR KUDUMBASHREE MISSION, KANNUR. 7 SHARMILA. P. P AGED 35 YEARS PUTHIYAPURAYIL HOUSE, NEERCHAL DIVISION, THAYYIL P.O, KANNUR BY ADVS. SRI.SANTHARAM.P SMT.REKHA ARAVIND SRI.P.G.GOKULNATH SMT. K.R. DEEPA, SPL.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 930 OF 2022 3 T.R.RAVI, J. ---------------------------------------- WP(C) NO.930 OF 2022 ------------------------------------------- Dated this the 28th day of February, 2022

JUDGMENT The writ petition has been filed by the Kudumbashree Units which had been excluded from the Voter's list. The petitioners contended that they had submitted applications for affiliation as early as on 09.09.2021 but affiliation was delayed and was granted only on 02.12.2021. Since the date of affiliation was beyond the time stipulated in the election notification, they were not permitted to participate in the election process. On the basis of interim orders dated 13.01.2022 and 18.01.2022, the petitioners were permitted to participate in the election process and it is submitted today that they have participated in the process of election and election is also over. The only dispute was on the fact whether Exts.P2 and P3 had duly been received on 09.09.2021. It can be seen from the order dated 18.01.2022 that, a submission was made by the Special Government Pleader that the originals were not available with them. The 3rd respondent had submitted that the originals are available with them and it was on that basis that this Court had permitted the petitioners to WP(C) NO. 930 OF 2022 4 participate in the further election process. The 3rd respondent has now filed a counter affidavit producing along with, the applications submitted by the petitioners. In the light of the fact that the documents are available, no further orders are called for in this writ petition, except making the interim orders absolute. The writ petition is hence closed making the interim orders absolute. Registry shall return the original applications which have been produced as Exts.R3(a) and R3(b) to the 3rd respondent after keeping a copy of the same in the file. T.R.RAVI JUDGE sn

WP(C) NO. 930 OF 2022 5 APPENDIX OF WP(C) 930/2022 PETITIONER'S EXHIBITS Exhibit P1OF THE AFFILIATION APPLICATION ALONG WITH THE REQUIRED DOCUMENTS SUBMITTED BY THE 2ND PETITIONER Exhibit P2OF THE REPRESENTATION DATED 14-09- 2021 WITH THE ENDORSEMENT OF 3RD RESPONDENT Exhibit P3OF THE REPRESENTATION DATED 14-09- 2021 WITH THE ENDORSEMENT OF 3RD RESPONDENT Exhibit P4OF THE GOVERNMENT ORDER NO. 56/2021/LSGD DATED 11-11-2021 Exhibit P5OF THE ORDER NO. D-1239/2021 DATED 05-01-2022 WAS SERVED ON THE PETITIONER ON 06-01-22 Exhibit P6OF THE RELEVANT PAGES OF THE BYELAW OF THE KUDUMBASHREE SYSTEM RESPONDENT'S EXHIBITS Exhibit R6(a) AOF THE RELEVANT PORTION OF THE AMENDED RULES Exhibit R6(b) AOF THE COMPLAINT RECEIVED FROM THE 7TH RESPONDENT Exhibit R6(c) AOF THE RELEVANT PAGE OF THE CDS AFFILIATION REGISTER Exhibit R6(d) AOF THE RECEIPT ISSUED TO THE 1ST PETITIONER Exhibit R6(e) AOF THE RECEIPT ISSUED TO THE 2ND PETITIONER Exhibit R3(a) ORIGINAL OF EXHIBIT P2 APPLICATION RECEIVED ON 14.09.2021 Exhibit R3(b) ORIGINAL OF EXHIBIT P3 RECEIVED ON 14.09.2021 //// PA TO JUDGE