THOPPIL SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard all the learned counsel; Sri. Kelu Nambiar, Sri M. R. Rajendran Nair, and Sri. Sivadasan for the petitioners, Sri. S. Venkita Subramania Iyer amicus curiae, Sri S. Parameswaran for the intervenors supporting the petitioners; Sri M. K. Damodaran, learned Advocate General for the State of Kerala, Sri P. Sukumaran Nair, Sri P. C. Sasidharan, Sri N. N. Sugunapalan, and Sri Bechu Kurian Thomas for the respondents.

(2.) By consent, these petitions were heard together and are disposed of by this common judgment.

(3.) What is challenged before us is the constitutional validity of some of the provisions of Chapter XXV-B, which has been newly inserted in the Kerala Panchayat Raj Act, 1994, by Kerala Panchayat Raj (Amendment) Act, 1999 (Act No. 13 of 1999), (for short, "Act") which came into force with effect from 24th March, 1999. Under the newly inserted Chapter XXV. B of the Act, an institution of Ombudsman consisting of seven persons (for short, "Ombudsman") has been created. The object of constituting the said Ombudsman is "to conduct a detailed enquiry regarding any proceedings of the Local Self Governing Bodies and the public servants holding office under it, concerning corruption, mal-administration or defects in the administration and settle such complaints u/Sec. 271Q of the Act". In the newly inserted Chapter XXV.B under the heading "Ombudsman for the Local Self Governing Bodies", Section 271F, G, H, I, J, K, L, M, N, O, P, Q and R have been incorporated dealing with several aspects of Ombudsman for the local self governing bodies. The newly inserted provisions deal with the following aspects: Sec. 271F: Definitions; Sec. 271G: Formation, term of office and conditions of service of the Ombudsman; Sec. 271H: Removal of a Member; Sec. 271-I: Employees of Ombudsman; Sec. 271J: Functions of Ombudsman; Sec. 271K: Powers of Ombudsman; Sec. 271L: Service of Government Departments; Sec. 271M: Detailed enquiry; Sec. 271N: Enquiry trial; Sec. 271O: Cases now pending to be transferred to the Ombudsman; Sec. 271P: Commencement of prosecution; Sec. 271Q: Disposal of complaints; and Sec. 271R: Procedure to be decided.