VINOD.K.S Vs. STATE OF ELECTION COMMISSION

JUDGEMENT

(1.) The issues involved in the two writ petitions are intrinsically connected and are hence heard and disposed of together. The pleadings in the two writ petitions, in short, are as below:

(2.) The petitioner claims to be a member of the Hindu Pallan community, which is a Scheduled Caste. She was duly elected as a member of Ward No.5 of Arakulam Grama Panchayat in the general election to the Local Bodies held on 08.12.2020. The post of President of the Arakulam Grama Panchayat was reserved for persons belonging to Scheduled Caste communities. The petitioner proposed to contest for the post of President, the election to which was scheduled to be held on 30.12.2020. The 3rd respondent had issued certificate No.818/20 on 17.12.2020 under Rule 4 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificate Rules, 2002 (hereinafter referred to as the Rules for short), showing the status of the petitioner as a member of the Hindu Pallan community. On 23.12.2020, the 3rd respondent issued order No.A2-818/20(ii) whereby the certificate granted on 17.12.2020 was provisionally withdrawn stating that the petitioner had converted to Christianity in 2008 and that she was wrongly granted the certificate. The writ petition is hence filed alleging that the order withdrawing the community certificate issued to the petitioner would exclude the petitioner from contesting the election to the post of President of Arakulam Grama Panchayat. It is contended that the order withdrawing the certificate has been issued in violation of the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificate Act, 1996 (hereinafter referred to as the Act for short) and the Rules made thereunder.

(3.) The petitioner belongs to Hindu Velan community which is a Scheduled Caste community. The petitioner is the elected member of Ward No.2 (Kavumpady) of Arakulam Grama Panchayat, which is the only Ward reserved for candidates belonging to Scheduled Castes community in the Panchayat. The post of President of the Arakulam Grama Panchayat is reserved for Scheduled Caste community as per Section 153(3) of the Kerala Panchayat Raj Act. The petitioner is the only candidate who belongs to the Scheduled Caste community who is eligible to be elected as the President of Arakulam Grama Panchayat. The petitioner came to know that on an application submitted by the 6th respondent (petitioner in WP. (C)No. 29210/2020) for a community certificate on 17.12.2020, she had been issued with such a certificate. The petitioner filed Ext.P1 complaint on 21.12.2020. The 3rd respondent is stated to have initiated an enquiry proceedings and a notice No.A2-818(A)/2020 is said to have been issued on 21.12.2020 to the 6th respondent directing her to surrender the certificate that has been obtained. It is stated that on the same day he had filed a complaint before respondents 1, 3 and 5 stating that the 6th respondent has obtained the community certificate by fraud and is not entitled to contest to the post of President. It is further stated that respondents 2 and 3 had called for a report from the 4th respondent Village Officer who had conducted a detailed enquiry and submitted Ext.P6 report before the 4th respondent stating that the certificate is liable to be cancelled. On 24.12.2020, the petitioner had submitted a complaint before the 1st respondent requesting not to proceed with the candidature of the 6th respondent as President of the Panchayat, since she did not belong to Scheduled Caste community.