Search This Blog

Monday, November 30, 2015

The Kerala Municipality (Standing Committee) Rules, 2000

The Kerala Municipality (Standing Committee) Rules, 2000

THE KERALA MUNICIPALITY (STANDING COMMITTEE) RULES, 2000*

[Translation in English of the Kerala Municipality (Standing Committee) Rules, 2000, published under the authority of the Governor]
S. R. 0. No. 950/2000.- In exercise of the powers conferred by Section 36 of the Kerala Municipality Act, 1994 (20 of 1994) read with Section 565 thereof and in supersession of the Kerala Municipality (Constitution of Standing Committee and Procedure for its Meeting) Rules, 1995 issued under Notification G. O. (P) No. 291/95/LAD, dated 7th December, 1995 and published as S. R. 0. No. 1464/95 in the Kerala Gazette Extraordinary No. 1228 dated 7th December, 1995, the Government of Kerala hereby make the following rules, namely:-
RULES
1. Short title and commencement.-(1) These rules may be called the Kerala Municipality (Standing Committee) Rules, 2000.
(2) They shall be deemed to have come into force with effect from the 1st October,2000.
2. Definitions.-(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Kerala Municipality Act, 1994 (20 of 1994);
(b)"Section" means a section of the Act;
(c) "Form" means a form appended to these rules.
(2) Words and expressions used but not defined in these rules, but defined in the Act shall have the respective meanings assigned to them in the Act.
ELECTION OF MEMBERS AND CHAIRMAN OF THE STANDING COMMITTEE
3. Number of Members in the Standing Committee.-TheCouncil shall in its first meeting convened after its constitution or reconstitution thereof of a Municipality and after the election of its Chairperson, '[divide the number of members in such a way that the number of members in each of the Standing Committees of the Municipality is equal and after such division if there remains member or members they shall be so deployed in the Standing Committee as decided by the Council in such a way that not more than one member is included in any one Standing Committee.]
4. Notice for convening the meeting for election.-(l)The Chairperson shall give the notice for convening the meeting for the election of members of the Standing Committee to all the elected members of the Municipality, five days prior to the date of the meeting and the notice for convening the meeting for the election of the Chairman of the Standing Committee, shall be given to all the members of the Standing Committee concerned two days prior to the date of the meeting:

* Published in K.G. Ex. No. 681 dt, 26-4-2003 as G.P. (P) No. 104/2003/LSGD.
1. Substituted for "determine under Section 21, the number of members that each Standing Committee of the Municipality shall have therein" by SRO No. 77/2001.
Provided that in the aforesaid days, declared public holidays shall include and the date of receipt of the notice and the date of the meeting shall not include.
(2) The notice under sub-rule (1) may be given either through an Officer or in person and the member shall be bound to put his signature on the document in acknowledgment of the receipt of the notice.
(3)The other matters in respect of the service of a notice under sub-rule (1) shall be in the same manner as that of convening an ordinary meeting of the Council.
(4) If a member intends to contest as a member of the Standing Committee or the Chairman thereof, as the case may be, he shall be required in the notice under sub-rule (1) to duly file the nomination in writing, showing the last date and time for making such nomination to the Chairperson.
5. Election to the Standing Committees.-(l)The election to elect the members to the Standing Committees to be constituted under Section 20 shall be held in a meeting of the elected members of the Municipality convened by the Chairperson for this purpose, in the serial order of the Standing Committees as given in the said section 2[x x x] after the number of members of the Standing Committees has been fixed under Rule 3.
(2) The Chairperson or, in his absence, the Deputy Chairperson shall preside over the election meeting:
Provided that a member who intends to be a candidate in the election shall not preside over that meeting.
6. Qualification of candidates.-(l)Any elected member of the Municipality may be a candidate in the election to the Standing Committee:
Provided that the Chairperson, Deputy Chairperson, member of any other Standing Committee and the Chairman of any other Standing Committee shall not be a candidate.
7. Manner of election of members.-(l)Every candidate who wishes to be elected to a Standing Committee shall, within the time and date give in the notice under Rule 4, inform the Chairperson of his candidates in writing.
(2) The Chairman of the meeting shall read out the names of the contesting candidates in the meeting.
(3) If the number of seats vacant in a Standing Committee and the number of candidates are equal, the Chairman shall declare all such candidates duly elected.
(4) If the number of candidates is more than the number of seats vacant, the members present in the meeting shall elect the members to the seats vacant in accordance with the system of proportional representation by single transferable vote, by conducting election under Rule 8.
(5) If the number of candidates is less than the number of seats vacant, the Chairman shall declare such candidates as duly elected and the members required for the remaining vacant seat or seats shall be elected within five days in a special meeting convened for the purpose.
(6) In case, in the special meeting convened under sub-rule (5), there is no candidate for contesting to a seat and in case all the members to all other Standing Committees, have been elected, the elected member of the Municipality who is not a member of any Standing Committee shall, in the meeting, be inducted to that place and he shall be bound to hold the post as if duly elected.


2. Omitted the words "within fifteen days" by SRO NO, 77/2001.
(7) In case there are vacancies of members in more than one Standing Committee and there are no candidates to contest, the members to the vacant seats in the Standing Committee shall be elected from the remaining members who are not members to any Standing Committee, if there is such a member or members, in the serial order as given under Section 20 by majority decision of the meeting convened under sub-rule (5) and such elected members shall be bound to hold those posts.
8. Manner of recording votes, counting of votes and declaration of result in
election.-(1) The Chairman of the meeting shall .issue a ballot paper in Form No. 1 appended to these rules to every elected member of a Municipality who wishes to vote in the election to a Standing Committee and the ballot paper shall contain the names of all the contesting candidates.
(2) Each member shall, immediately on receipt of the ballot paper, proceed to the place set apart for voting and, record the vote by writing legibly on the ballot paper the priority given by him in the order of one, two, three and so on against the names of such number of candidates as may be elected, and after putting his signature and writing his name on the reverse of the ballot paper, fold the ballot paper and put it into the ballot box kept at a place fully visible to the Chairman.
(3) The Chairman shall, on completion of the voting, open the ballot box in the presence of the members, take out the ballot papers and count the priority votes obtained by each candidate, A ballot paper on which vote has been marked for none of the candidates or on which vote has been marked giving same priority to more than one candidate or the reverse of which does not bear the name and signature of the member who voted, shall be rejected and the rejected ballot papers shall be kept in separate cover.
(4)Result of the election shall be declared in accordance with the following procedure, namely:-
(a) On counting the votes, the candidates, equal in number to that of vacant seats, securing the highest number of first priority votes shall be declared elected;
(b)On counting the votes under clause (a), when the first priority votes recorded to two or more candidates are equal and one or more members, from among them have to be elected, the second priority votes recorded shall be added to the first priority votes secured by the respective candidates and the candidate or candidates who have secured the highest number of such votes shall be declared elected;
(c) On counting the votes under clause (b), when the total priority votes are equal for two or more candidates and one or more members are to be elected from among them the third priority votes recorded shall be added to the first and second priority votes secured by the respective candidates and the candidate or candidates securing highest number of such votes shall be declared elected;
(d)On counting the votes under clause (c), when the total priority votes are equal to two or more candidates and one or more members are to be elected from among them, the counting of vote shall be conducted as given under the foregoing clauses and such counting shall be continued till members to all the vacant seats are elected;
{e) On counting the votes under clause (d), if the total votes to more than one candidate comes to be equal while only one seat remains, lot shall be drawn in the meeting for filling up of that post and the person whose name is drawn first from among the said candidates shall be declared elected.

Note:- While counting priority votes under the above sub-rule, total votes secured by a candidate shall be calculated in the order that the number of first priority votes secured as zero if no first priority vote has been secured and the number of second priority votes secured as zero, if no second priority vote has been secured by the candidate and so on.
9. Filling up of casual vacancies.-(1) The Chairperson shall, on the occurrence of a casual vacancy of a member in a Standing Committee, convene a special meeting of the elected members of the Municipality within the time given under sub-section (8) of Section 21 and conduct election in accordance with the procedure under Rule 7 and 8 for the purpose of filling up the vacancy.
(2) If more than one casual vacancy occur at a time in a Standing Committee, the vacancies shall be filled up in a single voting.
10. Election of Chairman of a Standing Committee.- (1) The Chairman of a Standing Committee other than the Standing Committee for Finance shall also be elected after the election of its members under Rule 8.
(2) If a casual vacancy occurs in the Office of the Chairman of a Standing Committee other than the Standing Committee for Finance, a member of the Standing Committee shall be elected as Chairman in its next meeting.
(3) For the purpose of election of Chairman under sub-rule (1) and (2), the Chairperson shall, as soon as may be and within ten days after the election of members under Rule 8 or on the occurrence of a casual vacancy of the Chairman, convene a meeting under this Chairmanship.
(4) An elected member of a Standing Committee shall, in writing, nominate another elected member as a candidate for the election of the Chairman:
Provided that a member shall not purpose more than one name.
11. Manner of election of Chairman.-(1) Every candidate who wishes to be elected to the Off ice of the Chairman shall submit the nomination under Rule 10 to the Chairperson within the time and date specified in the notice under Rule 4.

3[Provided that no nomination is necessary for the Chairmanship of a Standing Committee having only two members.]
(2) The Chairperson shall, in the meeting, read out the names of the candidates who have duly given nominations.
(3) Voting shall not be conducted, if there is only one person as candidate for the office of Chairman and the Chairperson shall declare the candidate elected as Chairman.
(4) The Chairperson shall, if there are more than one candidate for the Office of the Chairman, conduct voting in the meeting and for the voting, issue ballot paper in Form No. 2 appended to these rules to the elected members present in the meeting and the ballot paper shall contain the names of all the contesting candidates.
(5) Each member shall, immediately on receipt of the ballot paper, proceed to the place set apart for voting and vote putting the mark 'X1 on the ballot paper against the name of the candidate for whom he intends to vote and after putting his signature and writing his name on the reverse of the ballot paper, put it into the ballot box kept in a place visible to the Chairperson.
(6) The Chairperson shall, after completion of the voting, open the ballot box, take out the ballot papers and count the votes secured by each candidate.
(7) The ballot paper that does not contain the mark 'X' against the name of any of the candidates or that contains the mark 'X' against more than one name or that does not bear on the reverse, the name and signature of the member who marked the vote shall be rejected and the rejected ballot papers shall be kept in separate cover.

3. Proviso inserted by SRO No. 77/2001.
(8) The Chairperson shall declare the candidate who secured the highest number of valid votes elected as Chairman of the Standing Committee.
(9) The Chairperson shall, in the event of two or more candidates securing the highest number of valid votes equally, draw lot in the meeting and declare the person whose name is drawn first elected as Chairman.
12. Presiding over the Standing Committee Meeting.-(1) The Chairman of a Standing Committee shall preside over its meetings and in his absence a member chosen by the members present from among themselves shall preside over the meeting.
(2) A member presiding over a meeting of the Standing Committee shall, while so presiding, have all the powers of the Chairman and shall be subject to all the liabilities thereof.
(3) The Person presiding over the meeting shall control the meeting and shall decide the points of order and the matters in respect of procedure arising in or in connection with the meeting.
13. Term of office of the members and the Chairman of the Standing Committee.-(1) Every member elected to a Standing Committee shall hold the office as long as he continues to be a member of the Municipality.
(2) The Chairman of a Standing Committee other than the Standing Committee for Finance shall, unless resigned his Office earlier or unless removed from the Office under Rule 15, hold the Office as long as he continues to be a member of the Municipality.
(3) The Chairman of the Standing Committee for Finance shall hold the office as long as he continues to be the Deputy Chairperson of the Municipality.
14. Power to resign.-(1) A member of a Standing Committee not being an ex-officio member thereto or the Chairman of a Standing Committee other than the Standing Committee for Finance, who intends to resign under Section 28, shall tender his resignation to the Secretary in Form No. 3 appended to these rules.
(2)The person who intends to resign shall sign the resignation letter before the Secretary and give it directly to the Secretary and in case under any circumstance it becomes impossible to do so, the resignation letter shall be sent to the Secretary by registered post after it is attested by a Gazetted Officer of the State Government Service.
(3)Immediately on receipt of a proper resignation letter, the Secretary shall, record on it the date and time of its receipt and as to whether it was received direct or by post, and affix his signature thereon and shall give an acknowledgement receipt direct or by post, as the case may be, to the person concerned.
(4) Resignation shall come into force with effect from the date of receipt of the resignation letter by the Secretary and the Secretary shall, forthwith, inform the matter to the Chairperson and the Council and publish it on the Notice Board of the Municipality.
15. Expressing no-confidence in the Chairman of the Standing Committee.-(l) A notice, in respect of the intention of presenting a motion expressing no-confidence in the Chairman of a Standing Committee other than the Standing Committee for Finance shall be delivered in person, in Form No. 4 appended to these rules, signed by not less than one-third of the elected members of the Standing Committee, together with a copy of the motion which is intended to be presented, to the Officer authorised by the State Election Commission to receive the notice of no-confidence in respect of the Chairperson.
(2) The Officer referred to under sub-rule (1) shall, for considering the motion, convene a
special meeting of the members of the concerned Standing Committee to be held at the Office of the Municipality at a time appointed by him and not later than fifteen working days from the date on which he received the notice under sub-rule (1).
(3) The Officer referred to under sub-rule (1) shall, by registered post, give not less than seven clear days, notice to the elected members of the concerned Standing Committee, showing the time and date fixed for convening the special meeting referred to under sub-rule (2).
(4) The Officer referred to under sub-rule (1) shall preside over the meeting convened for considering the no-confidence motion.
(5) A meeting for considering no-confidence motion shall not, except for reasons beyond human control, be adjourned.
(6) The quorum required for the meeting for considering no-confidence motion shall be one half of the number of members of the concerned Standing Committee, as fixed by the Council under sub-section (1} of Section 21.
(7) The person presiding over the meeting shall, immediately after commencing the meeting read out the motion and shall declare that the discussion thereof has begun.
(8) A discussion of no-confidence motion shall not, except for reasons beyond human control be postponed.
(9) The discussion on the no-confidence motion shall cease automatically on the expiry of one hour from the commencement of the meeting, if not concluded earlier, and upon the conclusion of the discussion or upon the expiry of the said period of one hour, as the case may be, the motion shall be put to vote.
(10) The person presiding over the meeting shall not speak on the merits and demerits of the motion and he shall not have the right to vote.
(11) If the motion is passed with a majority of the members of the concerned Standing Committee as fixed by the Council under sub-section (1) of Section 21, the Chairman shall, after the same, cease to hold office and he shall be deemed to have vacated the Office forthwith and the Officer authorised under sub-rule (1) shall report the matter in writing, to the Government, the Chairperson and the Secretary.
(12)No notice of no-confidence motion shall be entertained before the completion of six months of assuming the Office of the Chairman of the Standing Committee.
(13)Where the meeting could not be held for want of quorum as per sub-rule (6) or where the motion is not passed by a majority as per sub-rule (11), as the case may be, no notice of motion expressing no-confidence in the same Chairman of the Standing Committee shall be entertained for the same period in which a notice of no-confidence in the Chairperson under the same circumstances shall not be entertained.

PROCEDURE FOR THE MEETING OF THE STANDING COMMITTEE
16. Meeting of the Standing Committee.-(l)A Standing Committee shall meet in the Office of the Municipality at least once in a month on such date and time as may be fixed by the Chairman from time to time:
Provided that the meeting of the Committee shall not be held, except in urgent situations, on public holidays or during the time before 9 O' Clock in the morning and after 6 O' clock in the evening.
(2) The Chairman of the Standing Committee may convene the meeting of the Standing Committee as and when necessary and shall convene the meeting within forty eight hours if the
Secretary or not less than three members of the Committee make a request thereof in writing informing the subject to be discussed.
(3) The Chairman of the Standing Committee shall, at least three clear days before the date fixed for convening the meeting, give notice, of the date and time of meeting and the subjects to be discussed in the meeting, to the members:
Provided that the Chairman may, in urgent situations, convene the meeting on shorter notice.
Explanation.-lnthe aforesaid clear days, declared holidays shall include but the date of receipt of the notice and the date of the meeting shall not include.
(4) The Chairman shall publish copy of the notice and that of the agenda of the meeting on the notice board in the Office of the Municipality concerned.
(5) The Chairman shall inform the Chairperson who is the ex-officio member, the date and time fixed for the meeting of the Standing Committee arid the subjects to be discussed in the meeting.
(6) The Secretary shall, in consultation with the Chairman of the Standing Committee, prepare the agenda of the meeting and include in the agenda, the subjects which according to him require the consideration of the Committee and those which are proposed by the Chairman.
(7) The Secretary and the Chairman of the Standing Committee shall have the right to record, as notes, their opinion in respect of any subject included in the agenda and the notes so recorded shall, at the time of discussion of the subject, be submitted before the Committee.
(8) The Standing Committee shall not consider any matter, except those given under Section 22:
Provided that the Secretary shall, in case any doubt or dispute arises as to whether any matter has been authorised to the Standing Committee, inform the same to the Government and the decision of the Government thereon shall be final.
(9) The quorum of the Standing Committee shall be three and the Committee shall not meet without quorum.
4[Provided that the quorum of the Committee shall be two in cases where the number of members of the Standing Committe is four or less than four.]
(10)The Standing Committee shall, by majority vote of the members participating in the meeting decide all matters coming for its consideration but under are circumstances of equal division of votes, the Chairman of the meeting may exercise a casting vote.
(11)There shall be a minutes book to record the proceedings of the Standing Committee and the decisions of the Committee shall be recorded in the minutes book by the Secretary or on the direction of the Secretary by the ex-officio Secretary referred to in sub-section (13) of Section 48 and the person who presides over the meeting shall sign below it.
(12)The Secretary shall make arrangements for recording minutes.
(13)The Secretary shall submit every resolution passed by the Standing Committee in the next meeting of the Council.
17. Cancellation or modification of resolution of Standing Committee.-No resolution of a Standing Committee shall be modified or cancelled except at a meeting of the Standing Committee specially convened for the purpose and by a resolution supported by more than one-half of the members fixed by the Council under sub-section (1) of Section 21:
4. Proviso inserted by SRO No. 77/2001.
Provided that the Standing Committee shall not modify or cancel any of its resolution three months after it is passed.
18. Conflicting decisions of Standing Committee.-TheSecretary shall, in case two or more Standing Committees take conflicting decisions on the same subject, submit the same to the consideration of the Council and the decision of the Council thereon shall be final and the Secretary shall, pending such decision, keep in abeyance, the implementation of the aforesaid decisions of the Standing Committees.
19. Power of the Committee for requisition of records etc.-The Standing Committee may, for the execution of the functions delegated to it, require the Secretary, ex-officio Secretary or the employees under the control of the Municipality to produce any record, report, return, document or other details and to appear before the committee meeting to seek more details, as it may deem fit, and if so requisitioned, they shall be bound to comply with it.
20. Procedure in matters not provided for in the rules.-Subject to Section 567 of the Municipality Act, bye-laws may be made for any matter not included in these rules regarding Standing Committee.
APPENDIX
FORM1
[See sub-rule (1) of Rule 8]
Ballot paper for the use in the election of Members to the Standing Committee
Serial Priority given to the candidate
Number Name of candidate (in the order of one, two, three...)
Note:-Write on the reverse, the name and signature of the member who votes.
FORM 2
[See sub-rule (4) of Rule 11]
Ballot paper for the use in the election of Chairman of the Standing Committee.
Serial Vote mark (Mark 'X'
Number Name of candidate against the name of
one candidate)
Note:-Write on the reverse, the name and signature of the member who votes.
FORMS
[See sub-rule (1) of Rule 14] Letter of Resignation
I,........................................................................................ Chairman of the Standing Committee for........................................................ of...........................*Town Panchayat/ Municipal Council/Municipal Corporation hereby voluntarily resign the said Chairmanship.
Place...................
Date.................. Signature, Name and Address.
Signature, name and official .............................................................
address of the attesting Gazetted .............................................................
Officer (To be filled in only in .............................................................
case the letter of resignation ............................................................
cannot be delivered in person to ..............................................................
the Secretary of the Municipality.) ..............................................................
To be filled in by the Secretary of the Municipality This letter of resignation has been signed before me by Shri..............................and
delivered to me in person at...........................(hour) on.........................(date)/1 received
this letter of resignation by registered post at............................................... (hour)
on....................................(date).
Signature of the Secretary with
date
Acknowledgement of the receipt of resignation letter (To be filled in and given to the concerned person by / the Secretary) I have received the resignation letter of Sri..........................................................
resigning from the Chairmanship of the Standing Committee for..............................
of.........................................*Town Panchayat / Municipal Council / Municipal Corporation, at.................... (hour) on (date) directly/by post. The resignation has come into force with effect from the aforesaid date.
Place.....................
Date...................... Signature, Name and Address
*Strike off whichever not applicable.
FORM 4
[See sub-rule (1) of Rule 15] Notice in respect of presenting no-confidence motion
Sir,
We intend to present the motion expressing no-confidence against
Shri..........................................................................Chairman of the Standing Committee
for...........................................of....................................Municipality. A copy of the motion which is proposed to be presented is enclosed. The total number of members of the Standing Committee fixed by the Council under sub-section (1) of Section 21 is
Place..........................
Date........................... Name, Signature and
address of Members
Explanatory Note
(This does not form part of the Notification, but is intended to indicate its general purpose.) As per Section 28, it shall be in the prescribed form that a member other than an ex-officio member of a Standing Committee and the Chairman of a Standing Committee other than the Standing Committee for Finance are to tender their resignation. As per sub-section (9) of Section 21, it shall be subject to prescribed conditions and procedure that a motion of no-confidence in respect of the Chairman of a Standing Committee other than the Standing Committee for Finance is to be presented. Government have decided to prescribe the procedure in respect of the election of the members and the Chairman of the Standing Committee, and the forms and procedure in respect of the meeting of the Standing Committee. This Notification is intended to achieve the above purpose.

Tuesday, October 13, 2015

Dues towards a co-operative bank, co-operative society not a disqualification to contest in Panchayat election

.......we hold that the dues towards a co-operative bank, co-operative society cannot be termed as dues to the Government as envisaged in Section 34(1)(j) of the Act. The decision reported in Ramachandran v. Omanakuttan 2002 (3) KLT 603 is overruled......

Desktop View
Indian Kanoon - http://indiankanoon.org/doc/539550/
Kerala High Court
Malathi J. Rai W/O Jaganatha Rai vs Suhara Abbas Ali W/O Abbas Ali And ... on 23 August, 2007
Equivalent citations: AIR 2008 Ker 7, 2007 (3) KLJ 289
Author: T R Nair
Bench: K Joseph, T R Nair

JUDGMENT T.R. Ramachandran Nair, J.

1. The issue that arises for consideration is whether under Section 34(1)(j) of the Kerala Panchayat Raj Act, 1994, dues towards a co-operative bank, a Primary Co-operative Agricultural and Rural Development Bank can be treated as dues towards Government. The case has come up before us on a reference by a learned single Judge of this Court (P.R. Raman, J.) doubting the correctness of the decision of a learned single Judge of this Court in Ramachandran v. Ornanakuttan (2002) 3 KLT 603.

2. The revision petitioner was elected to the Bellur Grama Panchayat in the election held on 26-9-2005 from Ward No. II Challenging the election of the revision petitioner, the first respondent filed an election petition under Section 89 of the Kerala Panchayat Raj Act. The election was sought to be set aside on the ground that the elected candidate was disqualified under Section 34(1)(j) of the Kerala Panchayat Raj Act, 1994 to contest the election. It was alleged that she was a loanee of the Kasaragod Primary Co-operative Agricultural and Rural Development Bank and there were dues to be payable to that bank and hence the disqualification under Section 34(1)(j) is attracted. The apparent allegation was that the bank is advancing loans in terms of the agreement entered into with the Government and the Government is a guarantor also and therefore the amount due to the bank has to be considered as amount due to the Government. There were other grounds also.

3. The learned Munsiff as per judgment dated 7-11-2006 partly allowed the petition setting aside the election on the finding that she was disqualified to become a Member of the Panchayat under Section 34(1)(j) of the Act. In appeal by the revision petitioner, the judgment of the learned Munsiff was upheld by the District Judge, Kasaragod. In both judgments, reliance was placed on the dictum laid down in the decision reported in 2003 (3) KLT 603, wherein a learned single Judge of this Court has taken the view that amount due to a primary co-operative Agricultural and Rural Development Bank is arrears due to the Government.

4. The learned single Judge while referring the matter to the Division Bench, has also noticed the reliance placed by the petitioner herein on the decision of a Division Bench of this Court in Raturning Officer v. Chamiyar wherein the Bench held that a disqualification under Section 34(1)(j) is not attracted as the amount was due to a Service Co-operative bank and not to the Government or to the Panchayat. It was also noticed in the reference order that the decision of the learned single Judge in 2002 (3) KLT 603 had not been brought to the notice of the Division Bench in that case.

5. We heard Shri D. Krishnaprasad, learned Counsel for the revision petitioner and Shri Kodoth Sreedharan, learned Counsel for the respondent. Learned Counsel for the petitioner submitted that the alleged dues cannot be characterized as dues to the Government for the purpose of Section 34(1)(j) of the Kerala Panchayat Raj Act, as the amount of loan was taken only from the co-operative bank in question. It was submitted that being a provision concerning disqualification to contest the election, only an interpretation after taking the plain meaning of the provision can be adopted and as the Statute has only included within its purview arrears due to the Government or the Panchayat concerned and has not specifically included any other kind of dues. The meaning cannot be widened so as to rope in other dues like dues towards co-operative bank. Reliance was placed on the decisions of the Supreme Court in Thampanoor Ravi v. Charupara Ravi and Greater Bombay Co-op. Bank Ltd. v. United Yarn Tex (P) Ltd. in support of the above argument. It was therefore submitted that even if the Government is a guarantor. It cannot cloth the character of a dues to the Government.

6. Per contra, Shri Kodoth Sreedharan, learned Counsel for the respondent contended that the word "Government" in Section 34(1)(j) has been used in wider terms and going by certain other provisions of the Act also, it will be deemed that a co-operative bank in which the Government has interest, cannot have a separate identity and if such a wider meaning is adopted, then the revision petitioner was clearly disqualified to contest the election. Placing reliance upon Section 30 of the Act providing for disqualification of officers and employees of Government, local authorities, etc. where the Government is having not less than 51% share, it is contended that since employees of co-operative societies are also covered by the explanation to the said section, the same principle will apply as far as the interpretation of Section 34(1)(j) is concerned also. In support of the said contention, learned Counsel placed reliance upon the principles stated by the Supreme Court in Pashupati Nath Sukul v. Nem Chandra Jain and V.S. Mallimath v. Union of India adopting the view that officers of the State Legislature are Government servants and that service rendered by a Chief Justice of the High Court must be treated as service in connection with the affairs of the Union. Relying upon these decisions it is contended that the term "Government" should get a wide meaning.

7. A reference in this connection to the provisions of Sections 30 and 34(1)(j) will be convenient. Section 34(1)(j) is in the following terms:

34. Disqualification of candidates.--(1) A person shall be disqualified for being chosen as and for being a member of a Panchayat at any level, if he-

(a) to (i) xxx xxx xxx

(j) is in arrears of any kind due by him to the Government or the Panchayat concerned (otherwise than in a fiduciary capacity) up to and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired.

The Section has provided in clear terms that a person shall be disqualified for being chosen as and for being a member of a Panchayat at any level, if he is in arrears of any kind due from him to the Government or the Panchayat concerned (otherwise than in a fiduciary capacity)...." It is clear that the section does not indicate dues of any other kind like dues towards co-operative banks, co-operative societies, commercial banks or nationalised banks, Government companies, etc. Hence, as far as dues towards co-operative banks and societies are concerned, they have not been included within the mischief of the said disqualification. We may also notice herein that wherever the statute wanted to provide for specific disqualification in respect of certain affairs connected with State Government or Central Government, etc. that has been clearly and specifically provided. For e.g. Section 34(1)(k). The provision in question refers to disqualification to contest, an election. The right to contest an election is not a common law right. It is one created by the statute and the specific qualifications and disqualifications provided under the statute alone will apply. The conditions provided thus cannot be widened while interpreting the relevant clauses as Court cannot add words to a statute which principle is well accepted.

8. We may refer to the definition of Government contained in Section 2 also. Government is defined in Section 2(xviii) as "Government means Government of Kerala". Therefore, wherever the word "Government" occurs, it has to be read as Government of Kerala. Therefore, it is clear that Section 34(1)(j) when referring to the dues towards Government, means dues towards Government of Kerala. We may straightway refer to the arguments placed by learned Counsel for the respondent relying upon Section 30 of the Act. Section 30 provides for disqualification of officers and employees of Government, local authorities, etc. Section 30(1) and explanation is extracted below for easy reference:

30. Disqualification of officers and employees of Government, local authorities, etc.--(1) No officer or employee in the service of the State or Central Government or of a local authority or a corporation controlled by the State or Central Government or of a local authority or any company in which the State or Central Government or a local authority (not less than fifty one percent share) or of a Statutory Board or of any University in the State shall be qualified for election or for holding office as a member of a Panchayat at any level.

Explanation.--For the purpose of this section, company means a Government company as defined in Section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a co-operative society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969).

9. Shri Kodoth Sreedharan argued for the position that since in Section 30 officers of cooperative societies are also mentioned so as to include within its purview, they would also be deemed to be Government servants for the purpose of the said section and therefore the intention of the statute is plain and clear that the co-operative society concerned should also be treated as an arm of the Government and if so, the word "Government" in Section 34 (1)(j) takes in co-operative bank/society also. We fail to see how such an interpretation can be placed relying upon the said provisions. The content and import of Section 30 cannot have any application as far as the provisions of Section 34(1)(j) is concerned. These are independent and separate provisions and are not inter-dependent. Going by Section 30, a co-operative society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 has also been included within the scope of mischief of that section if the Government is holding not less than 51% share. We may observe here that such societies are comparatively small in number also. The bar is for contesting elections to the local authorities by the employees and servants of such societies and beyond that, the provision cannot have any such wide import as contended by the learned Counsel for the respondent. Further, we may also notice herein that in the said provisions officers and employees of a corporation controlled by the State or Central Government or of a local authority or any company in which the State or Central Government or a local authority or of a statutory Board or of any University in the State are specifically mentioned whereas in Section 34(1)(j) no such specification is there, only two are specified, namely, the Government of Kerala and the Panchayat. Hence, the said argument cannot be appreciated.

10 In the decision of the Supreme Court reported in (1984) 2 SCC 404 : AIR 1984 SC 399 the meaning of the term "Government" was considered in connection with the question whether Secretary of a State Legislative Assembly is qualified to be appointed as Returning Officer for election to the Rajya Sabha. It was held in paragraphs 12 and 13 as follows:

From the legal point of view, Government may be described as the exercise of certain powers and the performance of certain duties by public authorities or officers, together with certain private persons or corporations exercising public functions. The structure of the machinery of Government and the Regulation of the powers and duties which belong to the different parts of this structure are defined by the law which also prescribes to some extent the mode in which these powers are to be exercised or these duties are to be performed (see Halsbury's Laws of England. Fourth Edition, Vol. 8, para 804). Government generally connotes three estates, namely, the Legislature, the Executive and the Judiciary while it s true that in a narrow sense it is used to connote the Executive only. The meaning to be assigned to that expression, therefore, depends on the context in which it is used.

In our Constitution, which has a federal structure, there are both at the level of the Union and at the level of the States detailed provisions pertaining to the Legislature, the Executive and the Judiciary. All the three organs makes the laws, the second enforces them and the third interprets them though sometimes their functions may be overlapping. In this sense all the three organs together constitute the Government at their respective level.

Their Lordships further held that "the word "Government in Article 102(1)(a) and in Article 191(1)(a) of the Constitution and the word 'Government' in the expression 'an officer of Government' in Section 21 of the Act should be interpreted liberally so as to include within its scope the Legislature, the Executive and the Judiciary". It is noticeable herein that their Lordships were considering only the question whether an officer of the State Legislature will come within the term 'an officer of the Government' in the sense of the expression 'Government' as used in the above articles. That cannot have any similarity to the question that is posed here.

11. In the decision reported in (2001) 4 SCC 31 : AIR 2001 SC 1455 also, the meaning of the term 'Government' used in proviso to Rule 3(b) of the NHRC Chairperson and Members (Salaries, Allowances and other Conditions of Service) Rules, 1993, was considered. It was held after referring to the decision reported in (1984) 2 SCC 404 : AIR 1984 SC 399 as follows:

The expression "Government" used in proviso to Rule 3(b) has, therefore, to be construed in the wider sense and the services rendered by a Judge or Chief Justice of a High Court must be held to be a service in connection with the affairs of the Union and as such the proviso to Rule 3(b) of the Rules would govern the case of such retired Judge or Chief Justice in determining the salary, which he would be entitled to, on being appointed as a Member of the Human Rights Commission.

In the latter decision there Lordships followed the view taken in the earlier decision that "all the three organs are concerned with the governance of the country - one organ makes the laws, the second enforces them and the third interprets them, though sometimes their functions may be overlapping. In this sense all the three organs together constitute the Government at their respective level". We find that the situation herein is not similar or identical. The principles stated therein as regards the meaning attributable to "Government" therefore cannot have any application here.

12. The word "Government" is defined in Section 2(xviii) of the Act as "Government of Kerala" and considered in the light of the well known expression 'Government'. We find that the meaning has to be attributed by taking the meaning as 'Government' in common parlance. There is no scope for including therein entities like co-operative societies, co-operative banks, nationalised banks, etc. as arms of Government. The expression 'Government' is also defined in Section 3(23) of the General Clauses Act, 1897 that "Government" or "the Government" shall include both the Central Government and any State Government". The entire aspects have to be considered in the light of the fact that the disqualification is attributed to in the case of a person being in arrears of any kind "due by him to the Government or the Panchayat concerned". The meaning of the term "due" therefore is important. In P. Ramanatha Ayar's The Law Lexicon, Reprint Edition 1987 the word "due" as a noun and adjective, is explained as follows: Due--As a noun : an existing obligation; an indebtedness, simple indebtedness without reference to the time of payment, a date ascertained and fixed though payable in future. As adjective can be of being justly demanded; claimed as of right; owing and unpaid; remaining unpaid; payable; regular, formal according to the rule or form.

Therefore, it implies an existing obligation and indebtedness attributable to a particular transaction alone.

13. It is true that the bank in question is one coming under the definition of 'primary bank' in the Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984. A reference to the provisions of the said Act shows that the bank is empowered to grant loans of various kinds provided in Section 8 of the Act. Section 8 states as follows:

subject to the provisions of this Act and the rules made thereunder, it shall be competent for the Agricultural and Rural Development Bank and the primary Banks to advance loans for the following purposes:

(a to h Omitted) Section 9(1) provides for advance of loans by such banks on security of lands and other fixed assets. It is true that there is a provision that loans can be granted on the specific guarantee of the Government. But the scheme of the Act shows that the primary banks get funds from the Apex bank and they are not receiving funds directly from the NABARD or the Government, as the case may be. It is true that Section 4(3) of the Act allows the Board of the Kerala Co-operative Agricultural and Rural Development Bank to borrow money by way of loans from the Government, the Nationalised Bank for Agricultural and Rural Development, the Reserve Bank of India or such financial institutions as may be approved by the Trustee. This is a power conferred on the Board of Directors of the Apex bank and not that of the primary bank. The definition of 'BoardI in Section 2(b) indicates so. According to it. 'Board' means the Board of Directors of the Kerala Co-operative Agricultural and Rural Development Bank Limited. The provisions of Section 25 of the NABARD Act allows the NABARD to provide long term advances to the agricultural sector and by that process the NABARD advances such amounts to the Kerala State Co-operative Agricultural and Rural Development Bank. A reference to Sections 10 and 11 of the Act also will be of advantage here. Section 10 provides for charge on movable or immovable property of borrower for amounts borrowed and the method provided is to file a declaration in the prescribed form creating a Gehan or mortgage or hypothecation in favour of the primary bank. Sub-section (3) of Section 10 provides for a restriction on transfer of the movable or immovable property or land or movable assets to be acquired in the loan or advance provided in the above declaration without the consent of the primary bank until the entire amount of the loan or advance taken by the member from the primary bank, together with interest thereon, has been paid to the bank. Section 11 provides that "every person who applies for a loan from a primary bank shall make a declaration in the prescribed form...." Thus, it will be seen that the entire transaction the member is entering into, is with the primary bank and his obligation is to repay the loan to the primary bank and the Government does not come in at all for the purpose of creation of any obligation of repayability of him: The advance in question is only by the primary bank to the member and they alone are parties to the contract. It is evident that there is no privity of contract between the member and the Government and his obligation to repay the money arises from the transaction with the primary bank alone and no statutory liability also is cast, creating a liability towards the Government.

14. We find that going by the provisions of Chapter V of the Act providing for sale of the property charged in case of default of payment of sums due to the bank, the Committee of the Bank is empowered to proceed with such steps in view of the Gehan or mortgage or hypothecation without intervention of the Court. The steps regarding the conduct of sale include a decision to be taken by the Committee of the Bank to exercise the power of sale, sending of registered notice requiring the payment of sums due to the primary bank to the loanee and the sureties, application to be made by the Committee of the Bank to the Sale Officer appointed under Section 28 of the Act and the process to be undertaken by the Sale Officer by giving notice, etc. for the purpose of conducting the sale. Going by Section 22 of the Act, the proceeds of the sale shall be applied by the sale officer first in payment of all costs, charges and expenses properly incurred by him as incidental to the sale or any attempted sale, secondly, in payment of all interest due on account of the Gehan or mortgage or hypothecation in consequence whereof the property was sold; thirdly, in payment of the principal money due on account of the Gehan or mortgage or hypothecation. Therefore, the money goes to the loan account of the loanee, maintained in the primary bank and not to the Government at all. None of the above provisions confer any power on the Government to proceed against an individual loanee who is a member of the primary bank, to recover any money. This aspect also assumes relevance contextually.

15. It is therefore clear from the provisions of the Act that there are only two parties to the transaction in question of granting of loan, the primary bank as well as the loanee in question. The dues thus is the one owed by the party to the bank and therefore at any rate, it cannot be characterised as a dues towards Government.

16. Learned Counsel for the petitioner relying upon the decision of the Supreme Court in 1999 (3) KLT 487 : AIR 1999 SC 3309 invited our attention to paragraph 16 of the judgment to contend that the provision should be interpreted going by the plain terms and expressions used therein alone. Their Lordships, while interpreting the scope of Article 191(1) of the Constitution of India, held in paragraph 16 as follows:

Under what circumstances and subject to what limitations a person could be declared to have incurred disqualification is a matter of policy of law and the Courts have cautioned themselves by stating that right to vote, right to elect or contest an election is a creature of statute and circumscribed by the limitations contained therein. Therefore, as long as the Constitution or the R.P. Act indicates in clear terms as to what its policy, it would not be open to a Court to interpret such a provision by trying to find out what the intent could be by ignoring the actual expressions used. Therefore, the supposed scheme of the provisions would not afford sufficient guidance to take the view that the expression "undischarged insolvent" should be understood as meaning an insolvent who is a person who is in impecunious circumstances as is unable to repay the debt.

17. In 2007 (3) KLT 302 : AIR 2007 SC 1584 (SC) their Lordships reiterated the well -known principles as to how the language of a statute has to be properly understood, by the following words:

It is well settled that the language of the Statute is to be properly understood. The usual presumption is that the Legislature does not waste its words and it does not commit a mistake. It is presumed to know the law, judicial decisions and general principles of law. The elementary rule of interpretation of the Statute is that the words used in the section must be given their plain grammatical meaning. Therefore, we cannot afford to add any words to read something into the Section, which the Legislature had not intended.

(Emphasis supplied) Hence, it is clear from the meaning of the term 'Government' in Section 34(1)(j) that dues to the Government of Kerala alone is covered by that expression.

18. In this context, we may also refer wren advantage to the decision of a Division Bench of this Court in 2006 (2) KLT 878. In similar circumstances, their Lordships held while interpreting Section 34(1)(j), as follows:

Petitioner does not owe any amount either to the Government or to the Panchayat in respect of any bill or notice duly served upon him and that the time specified therein for payment has expired. Petitioner's nomination paper was rejected by the returning officer not due to the fact that any amount was due either to the Government or to the Panchayat but to a Service Co-operative Bank. Such a disqualification would not fall under Section 34(1)(J) of the Act.

We respectfully agree and follow the above view taken by the Bench.

19. In the decision reported in 2002 (3) KCT 603 the learned single Judge took the view that "a close analysis of the various provisions of the Kerala State Co-operative Agricultural and Rural Development Banks Act shows that the source from which the loan advanced by the Bank comes from the Government. If a loanee commits default, the Government is the ultimate loser." The banks in question are functioning under a two tyre system i.e. an Apex bank at the State level and primary banks at the level of different taluks which are confined to their respective areas of operation. The apex bank advances amounts for the purpose of primary banks. It is not a case where the primary banks directly obtain funds from the Government, NABARD or the Reserve Bank of India, as the case may be. The Government stands as a guarantor not in respect of the individual loans granted to different members of the primary co-operative bank. Hence, it is not a case where the Government will be a co-obligant in respect of each one of the transactions, the loanees enter into with the primary co-operative bank. The Apex Bank collects the various amounts advanced to primary banks, at fixed intervals. In fact, a reference to Rule 46(e) and the proviso of Kerala Co-operative Societies Rules, 1969 is also of advantage here. Going by the rule, the delegate of a primary society who sits in the committee of another society (herein the Apex Bank) will cease to be in office if the primary society is in default to the other and as far as delegates of Primary Agricultural and Rural Development Banks in the committee of Apex Bank are concerned, the disqualification shall apply only if the default exceeds six months. Thus, it is evident that the Apex Bank collects the amount advanced from the primary Bank and the default of the primary Bank is only to the Apex Bank and not to any other authority, institution or the Government. Even if, in ultimate analysis the defaults of individual loanee affect the public exchequer, so long as the legislature in its wisdom has not included such defaulters as disqualified to contest for and continue as members of local authorities, the Court cannot import new additions.

20. Therefore, as we have explained in the earlier paragraphs, the transaction in question is only with the primary bank and the loanee and the obligation to repay is to the primary bank itself. Therefore, going by the meaning of the word "due" as referred to above, it is only an existing obligation and indebtedness and it includes a contractual obligation. As the Government is not a parry to the contract in question, there cannot be any obligation for the member concerned directly or indirectly to the Government and such a member of the bank cannot be termed as in default to the Government at all. The character of the loan is only by way of advance by the primary bank to the member alone and he is executing a Gehan or mortgage or hypothecation, as the case may be, as provided under the Act in question. We may advert to Section 9(2) of the State Co-operative Agricultural and Rural Development Banks Act, relied on by the learned single Judge in taking the view. Section 9(2) enables the Apex and Primary Banks to grant or advance loans under any Land Development Scheme prepared and approved under the provisions of the Kerala Land Development Act, 1964 subject to such terms and conditions as are agreed upon between the Government, Apex Bank or Primary bank. Only the terms of the loans have reference to the agreed terms with the Government. Source of funds is not the Government and the loan is granted or advanced by the Banks.

21. It is to be noted that even in cases where the Government has formed companies and statutory corporations, it has been held in various decisions of the Supreme Court that they cannot be termed as an establishment of the Government or part of it. Reference may be made in this connection to the following decisions of the Supreme Court. In the decision of the Supreme Court reported in The Andhra Pradesh State Road Transport Corporation by its Chief Executive Officer, Hyderabad v. The Income-tax Officer, BIB, Ward, Hyderabad , a Constitution Bench of the Hon'ble Supreme Court while considering the question whether the income of Andhra Pradesh Road Transport Corporation established' under the Act is exempted from Union Taxation examined whether the Corporation has a separate personality P.B. Gajendragadkar, C.J. explained the position thus in paragraphs 17, 19 and 21:

The Corporation though statutory has a personality of its own and this personality is distinct from that of the State or other share-holders. It cannot be said that a shareholder owns the property of the Corporation or carries on the business with which Corporation is concerned. Hence prima facie the income derived by the trading Corporation cannot be claimed by the State which-is one of the share-holders.

It is also clear that the trading activity carried on by a Corporation is not a trading activity carried on by the State depart/mentally nor is it a trading activity carried on by State through its agents appointed in that. behalf.

22. Far from making any provision which ¦would make the income of the Corporation the come of the State, all the relevant provisions emphatically bring out the separate personality of the Corporation and proceeds on the basis that the trading activity is run by the Corporation and the profit and loss that would be the profit and loss of the Corporation.

Their Lordships held that it had a separate identity and its income was not the in come of the State Government.

23. In Heavy Engineering Mazdoor Union State of Bihar AIR 1970 SC 82, the company was incorporated under the Companies Act and its entire share capital was contributed by the Central Government. The status of it was examined in relation to Section 2(a) of the I.D. Act, 1947. It was held that "an incorporated company, as it will known, has a separate existence and the law recognises it as a juristic person separate and distinct from its members.... Therefore, the mere fact that entire share capital of the respondent company was contributed by the Central Government and the fact that all its shares are held by the President and certain officers of the Central Government, does not make any difference." Thus, even if NABARD and Reserve Bank. advances money, it will not be an advance given by the Government. The NABARD and Reserve Bank of India have been incorporated under the National Bank for Agricultural and Rural Development Act and Reserve Bank of India Act, respectively. Going by the provisions of the respective enactments, they have been constituted as body corporate with power to acquire property also. We therefore, with respect, are unable to agree with the view of the learned single Judge in the decision reported in 2002 (3) KLT 603.

24. The Apex Bank and Primary Banks Rave been registered under the Kerala Cooperative Societies Act, 1969. They are governed by their own bye-laws. The management is vested in an elected body. It is a body corporate, having perpetual succession and a common seal and with power to hold property, enter into contracts etc. In their activities they will also be governed by the enabling provisions of the Kerala State Cooperative Agricultural and Rural Development Banks Act, 1984 which is enacted "to facilitate the more efficient working of Cooperative, Agricultural and Rural Development Banks in the State of Kerala." Their identity is distinct and separate and they will not come within the meaning of the term 'Government'.

25. In the light of the above, we hold that the dues towards a co-operative bank, co-operative society cannot be termed as dues to the Government as envisaged in Section 34(1)(j) of the Act. The decision reported in Ramachandran v. Omanakuttan 2002 (3) KLT 603 is overruled.

26. The election is challenged only on the ground that the revision petitioner was in default to the Kasaragod Primary Co-operative Agricultural and Rural Development Bank. The election petition was allowed following the dictum laid down by a learned single Judge of this Court in 2002 (3) KLT 603. Exts. X1 to X4 are the loan files and other related documents of the said Bank. CW. 1's evidence is only that the three loans were availed from the bank. In the light of the view we have taken above, the said ground is not available and hence, the C.R.P. is allowed setting aside the judgment in C.M.A. No. 46/2006 on the file of the District Judge, Kasaragod which confirmed the judgment in O.P. No. 18/2005 on the file of the Munsiff s Court, Kasaragod and consequently, the Election Petition is dismissed.

Monday, October 12, 2015

How to file nomination in local body election - Kerala

====പഞ്ചായത്ത്‌ - മുനിസിപാലിറ്റി തെരഞ്ഞടെപ്പു നോമിനേഷന്‍  കൊടുക്കുന്നതെങ്ങനെ ?======
പഞ്ചായത്ത്‌ - മുനിസിപാലിറ്റി തെരഞ്ഞടെപ്പു നിയമത്തിലെ ഫോം നമ്പര്‍ 2 പ്രകാരം മത്സരിക്കാനുദ്ദേശിക്കുന്ന തദ്ദേശ സ്ഥാപനത്തിലെ വോട്ടര്‍ പട്ടികയില്‍ പേരുള്ള  ഒരു വോട്ടര്‍ സ്ഥാനാര്ഥി്യെ നാമനിര്ദ്ദേശം ചെയ്യണം. സ്ഥാനാര്ഥി്യുടെ പൂര്ണ്ണ്മായ പേരും വോട്ടര്‍ പട്ടികയിലുള്ള സ്ഥാനാര്ഥിയുടെ നമ്പരും വാര്ഡും  വയസ്സും തപാല്‍ മേല്‍വിലാസവും  എഴുതണം. നാമനിര്ദ്ദേ്ശകന്റെയും  പൂര്ണ്ണമായ പേരും വോട്ടര്‍ പട്ടികയിലുള്ള സ്ഥാനാര്‍ഥിയുടെ  നമ്പരും വാര്ഡും എഴുതണം. ഇതു കൂടാതെ മറ്റാരെയും നാമനിര്ദ്ദേ്ശം ചെയ്തിട്ടില്ല എന്നും നാമനിര്ദ്ദേശകന്‍  പ്രഖ്യാപനം ചെയ്തു ഒപ്പിടണം. അതോടൊപ്പം അതേ ഫോമില്‍ തന്നെ സ്ഥാനാര്ഥിയുടെ സത്യപ്രസ്ഥാവനയും ഒപ്പും വേണം.
---ക്രിമിനല്‍ കേസുകളുടെ വിവരങ്ങള്‍---
നാമ നിര്ദ്ദേ ശ പത്രികയോടൊപ്പം ഫോം 2 എയില്‍ സ്ഥാനാര്ത്ഥിയും വിശദ വിവരങ്ങള്‍ സമര്പ്പിക്കണം. സ്ഥാനാര്ത്ഥിക്കെതിരെയുള്ള ക്രിമിനല്‍ കേസുകളുടെ വിവരങ്ങളും നല്കണം. സ്ഥാനാര്ഥിയുടെയും ഭാര്യയുടെയും/ഭര്ത്താവിന്റെയും  ആശ്രിതരുടെയും (ആശ്രിതന്‍ എന്നാല്‍ സ്ഥാനാര്ഥിയുടെ വരുമാനത്തെ ആശ്രയിച്ചു കഴിയുന്ന ആള്‍ എന്നര്ത്ഥം).
----ജംഗമ (movable) സ്വത്തുക്കളുടെ വിവരങ്ങള്‍ ---
സ്ഥാനാര്ഥിയുടെയും ഭാര്യയുടെയും/ഭര്ത്താവിന്റെയും  ആശ്രിതരുടെയും പണം, ബാങ്കുകള്‍, ബാങ്കിംഗ് ഇതര സാമ്പത്തിക കമ്പനികള്‍ എന്നിവയിലെ നിക്ഷേപങ്ങള്‍ , കമ്പനികളിലെ ബോണ്ടുകളും കടപത്രങ്ങളും ഷെയറുകളും, നാഷണല്‍ സേവിങ്ങ്സ് സ്കീം  പോസ്റ്റല്‍ സേവിങ്ങ്സ് എല്‍ ഐ സി തുടങ്ങിയ പോളിസികള്‍, മോട്ടോര്‍ വാഹനങ്ങള്‍ (പഴക്കം,മോഡല്‍ മുതലായവ), ആഭരണങ്ങള്‍ (തൂക്കം, വില ) സംബന്ധിച്ച വിവരങ്ങള്‍, അവകാശങ്ങളുടെ മൂല്യം/ പലിശ തുടങ്ങിയ മറ്റു ആസ്തികള്‍ എന്നിവ പ്രത്യേകം കോളത്തില്‍ എഴുതണം. ലിസ്റ്റ് ചെയ്തിട്ടുള്ള കമ്പനികളുടെ ബോണ്ടുകള്‍, ഷെയറുകള്‍, കടപ്പത്രങ്ങള്‍ എന്നിവയുടെ ഏറ്റവുമൊടുവിലത്തെ സ്റ്റോക്ക്‌ എക്സ്ചേഞ്ച് മാര്ക്കറ്റ് വിലയും ലിസ്റ്റ് ചെയ്യപ്പെടാത്ത കമ്പനിയുടെ കാര്യത്തില്‍ അവയുടെ ബുക്ക്‌ വിലയും നിശ്ചയമായി കാണിക്കേണ്ടതാണ്.
---സ്ഥാവര (immovable) സ്വത്തുക്കളുടെ വിവരങ്ങള്‍---
സ്ഥാനാര്ഥിയുടെയും ഭാര്യയുടെയും/ഭര്ത്താ്വിന്റെയും  ആശ്രിതരുടെയും ഭൂമി, കെട്ടിടങ്ങള്‍, വീടുകള്‍  സംബന്ധിച്ച വിവരങ്ങള്‍ പ്രത്യേകം നല്കംണം.
-----കുടിശികകള്‍------
സ്ഥാനാര്ഥിക്ക് പൊതുമേഖല സ്ഥാപനത്തിനോ സര്ക്കാ രിനോ തദ്ദേശ സ്വയം ഭരണ സ്ഥാപനത്തിനോ നല്കേണ്ടതായ ബാധ്യത / കുടിശിക എന്നിവ സംബന്ധിച്ച വിവരങ്ങളും സമര്പ്പിക്കണം. ബാങ്കില്‍ നിന്നുള്ള ലോണ്‍, പൊതുമേഖല സ്ഥാനപനത്തില്‍ നിന്നുള്ള ലോണ്‍, സര്ക്കാരിലെക്കുള്ള കുടിശ്ശിക  (ഇന്കം  ടാക്സ്, വെല്ത്ത്  ടക്സ് എന്നിവ ഒഴികെ), സര്ചാ ര്ജ് ഉള്പ്പെ്ടെയുള്ള ഇന്കം  ടാക്സ്, പാന്‍ നമ്പര്‍, വസ്തു നികുതി കുടിശ്ശിക എന്നിവ എഴുതണം. അതോടൊപ്പം വിദ്യഭ്യാസ യോഗ്യതയും പഠിച്ച സ്കൂള്‍, യുനിവേര്സിറ്റി മുതലായ കാര്യങ്ങളും രേഖപ്പെടുത്തി സത്യമാണെന്ന് സ്വയം സാക്ഷ്യപ്പെടുത്തണം

Wednesday, September 30, 2015

Legal Article - @ Smart Family magazine







HOW DARE AND DEAR THE POLICE IS ?

Chittur Church in Ernakulam district is the venue.
Cheranellur Police of the same district is in the Key role.
The three youth were travelling in a single bike after the church ceremonies. Obviously, riding with three persons in a bike is an offence and the driver of the vehicle is liable to be punished for taking more capacity than the permitted number.
BUT how come the pillion riders liable for the same offence.
Perhaps due to the pressure for petty spree, the police found it as two bonus cases. When the youth then and there questioned it, how the petty case is charged all against them, the officer said, it is a new law and they all booked and taken to police station. Later released on bail.
The youth got summons from the Judicial Magistrate Court to answer the charges of offences under section 118(e) of Kerala Police Act, sections 132(1) r/w 179 and 188 of Motor Vehicles Act.
The section 118 (e) is for an offence causing danger to public.The section 188 is for abetment of offence. But for attracting abetment of offence in Motor Vehicles Act, offences under section 184,185 and 186 ought to have been charged. Admittedly, there is no such offences against the trio.
When the matter came in High Court of Kerala, as Criminal Misc. case, challenging the action of police, the Court opined, "it is not known how a prosecution is possible against the pillion riders for the offence of rash and negligent driving".?
The High Court in Crl MC No. 4492/2015 vide judgment dated 19.8.2015 quashed the charges against the pillion riders and also the charge of abetment against the rider.  Crime No. 262/2015 of Cheranellur Police, CC 62/2015 of JFMC IX Ernakulam.


Monday, September 14, 2015

Can delay in filing petition to set aside divorce order condoned ? Is there any bar under Limitation Act ?

One of the party got married after getting a decree of divorce from the family court. The decree was an exparte one. He married again after waiting the statutory appeal period and in full compliance of section 15 of Hindu Marriage Act.
The other party filed a petition to set aside the decree before the family court, after a delay of 290 days. The petition to condone the delay was argued in detail, after evidence, it was dismissed for want of sufficient reason. 
The decision was challenged in Mat Appeal before the High Court of Kerala.
The crucial question is whether the bar under section 29(3) of Limitation Act is applicable ?
As per the provision of section 29 of Limitation Act, delay cannot be condoned in a proceedings in matrimonial cases. Therefore, the challenge against the dismissal order of delay condonation cannot be allowed in strict sense. Because, the High Court cannot direct the Family Court to condone the delay in filing the petition to set aside the decree of divorce. 
Otherwise, every remarriage will be in trouble, anticipating appeals even after long delay...

Wednesday, September 2, 2015

Employment opportunities for minority students.. Password


ന്യൂനപക്ഷവിദ്യാര്‍ഥികള്‍ക്ക് സ്‌കൂള്‍വിദ്യാഭ്യാസത്തിനുശേഷം അനുയോജ്യമായ ഉന്നതപഠനാവസരങ്ങളും തൊഴിലും ഇനി എളുപ്പം കണ്ടെത്താം. ഇതിനായി 'പാസ്വേര്‍ഡ്' എന്നപേരില്‍ എല്ലാ ജില്ലകളിലും ന്യൂനപക്ഷക്ഷേമവകുപ്പ് സൗജന്യ ക്യാമ്പുകള്‍ സംഘടിപ്പിക്കും. 
രണ്ടുദിവസത്തെ റസിഡന്‍ഷ്യല്‍ ക്യാമ്പില്‍ ഉന്നതവിദ്യാഭ്യാസരംഗത്തെയും കരിയര്‍രംഗത്തെയും വിദഗ്ധര്‍ ക്ലാസുകളെടുക്കും. പങ്കെടുക്കുന്ന വിദ്യാര്‍ഥികള്‍ക്ക് താമസവും ഭക്ഷണവുമെല്ലാം സൗജന്യമായിരിക്കും. സര്‍ക്കാര്‍, എയ്ഡഡ് സ്‌കൂളിലെ വിദ്യാര്‍ഥികള്‍ക്കായാണ് ക്യാമ്പ്. ഹൈസ്‌കൂള്‍, പ്ലസ്ടു വിദ്യാര്‍ഥികള്‍ക്ക് പങ്കെടുക്കാം. കഴിഞ്ഞ പരീക്ഷയില്‍ 50 ശതമാനത്തില്‍ കൂടുതല്‍ മാര്‍ക്ക് നേടിയ വിദ്യാര്‍ഥികളെയാണ് പരിഗണിക്കുക. ഒരുക്യാമ്പില്‍ 100 വിദ്യാര്‍ഥികളെ പങ്കെടുപ്പിക്കാം. മുസ്ലിം, ക്രിസ്ത്യന്‍, പാഴ്‌സി, ജൈന്‍, സിക്ക്, ബുദ്ധമതം എന്നീ വിഭാഗങ്ങളില്‍പ്പെടുന്നവരെയാണ് തിരഞ്ഞെടുക്കുക. ഇതില്‍ 30 ശതമാനം പെണ്‍കുട്ടികള്‍ക്കായി സംവരണം ചെയ്തിട്ടുണ്ട്. 

ഓരോ ജില്ലകളിലെയും ജില്ലാ ഭരണകൂടത്തിനാണ് ക്യാമ്പ് സംഘടിപ്പിക്കാനുള്ള ചുമതല. ഓരോ ജില്ലയിലും പരമാവധി പത്ത് ക്യാമ്പുകള്‍ വീതം നടത്തും. ഡിസംബറിനകം എല്ലാ ജില്ലകളിലും ക്യാമ്പുകള്‍ പൂര്‍ത്തിയാക്കാനാണ് തീരുമാനം. ക്യാമ്പില്‍ പങ്കെടുക്കുന്ന വിദ്യാര്‍ഥികള്‍ക്കും റിസോഴ്‌സ് പേഴ്‌സണ്‍സിനുമുള്ള എല്ലാ ചെലവുകളും ന്യൂനപക്ഷക്ഷേമവകുപ്പ് വഹിക്കും.

മുസ്ലിം വിഭാഗത്തിലെ വിദ്യാര്‍ഥികള്‍ക്ക് ഉപരിപഠനസാധ്യതകളെയും ജോലിസാധ്യതകളെയുംകുറിച്ച് വേണ്ടത്ര അവബോധമില്ലെന്ന് വകുപ്പ് കണ്ടെത്തിയതിനെത്തുടര്‍ന്നാണ് പദ്ധതി ആവിഷ്‌കരിച്ചത്
Courtesy to Mathrubumi.

Tuesday, September 1, 2015

BOUNDARIES DEFINED...LET THE BALL ROLLS NOT BEYOND

The boundaries defined..Let the ball roll not beyond.

 Recently, the Supreme Court of India in The Indian Performing Rights Society Ltd V. Sanjay Dalia and Another (2015) 42 SCD 753 held that the Plaintiffs cannot harp on the provisions of Section 134 f the Trade Marks Act 1999 and Section 62 of Copy Right Act 1957, surpassing the provisions of Section 20 of Code of Civil Procedure and to interpret it in such a way to fix the territorial jurisdiction of filing the plaints so as to harass the defendants to made them to travel a long for litigation.
The Supreme Court observed that intention of Legislature was that the Plaintiff should not go far flung places than that of residence or where he carries on business or works for gain in order to deprive defendant a remedy and harass him by dragging to a distant place. If such an interpretation is permitted, the abuse of the provision will take place as the Corporations and big conglomerates might be having several subordinate offices throughout the country.
Therefore, it is clarified that if the plaintiff carries on business or has his principle place of business or works for gain at a place where cause of action also arose, the plaintiff has to file the suit at that place and not at its branch office in a different location.