S.SUBRAMANIAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenging the appointment of 2nd respondent, a retired Hon'ble Judge of this Court, as the Chairperson of the Kerala State Commission for Backward Classes, after serving as Upa Lok Ayukta, instant public interest writ petition is filed seeking to issue a writ of quo warranto, to declare that the 2nd respondent is disqualified to hold the post of Chairman, Kerala State Commission for Backward Classes.

(2.) Facts leading to the filing of the instant writ petition are that the petitioner claims to be an activist involved in the fight against corruption, nepotism, as well as favouritism. After completion of his education, he continued his social commitment and worked in various NGOs. In recognition of his work for the benefit of the society, petitioner has served as a resource person for the State Saksharatha Mission. Petitioner has further claimed that he is also an active participant in the civil society movement like movement against corruption and protest against liquor and narcotic mafia in the State. He is currently coordinating blood donation campaigns at Thiruvananthapuram.

(3.) Petitioner has further stated that the appointment of 2nd respondent as the Chairperson of Kerala State Commission for Backward Classes has given rise to a situation where a disqualified person has been appointed and is holding the office, without any law removing disqualification. Petitioner has also stated that his interest even though not special or personal, being one affecting the finance of the State Exchequer, arms him with sufficient interest to maintain this Public Interest Litigation. The purpose is to prevent the 2nd respondent from exercising the powers by continuing in a post, which he does not have any authority to occupy, because the appointment of the 2 nd respondent is clearly in violation of the provisions of the Kerala Lok Ayukta Act, 1999.