STATE Vs. K KRISHNANKUTTY

JUDGEMENT

(1.) The above unnumbered Writ Appeal is filed by the State of Kerala against the common order of Sivaraman Nair, J. dt. 20-11-1984, passed in the above proceedings. A civil miscellaneous petition praying for stay of the operation of the order of the learned single Judge has also been filed by the State in the unnumbered writ appeal. The matter was moved as "urgent motion" on 21-11-1984 afternoon by the Advocate General. The State of Kerala, appellant in the unnumbered Writ Appeal, was the respondent in the Original Petitions. Petitioners in the Original Petitions are the respondents in the unnumbered Writ Appeal. The petitioners filed the Original Petitions challenging the constitutional validity of Travancore Cochin Hindu Religious Institutions (Amendment) Ordinance, 72 of 1984 and sought stay of enforcement of the provisions of the said enactment in the election to the Travancore Devaswam Board to be conducted on 28-11-1984. The petitioners are Hindu members of the Kerala Legislative Assembly. It is stated that they are entitled to participate in the election of one member of The Travancore Devaswam Board which is proposed to be conducted on 22-11-1984 without being required to deliver a declaration of their faith in God and profession of Hindu religion, as provided by Section 4 of the Ordinance. It is stated that the said provision is an inroad into their freedom of conscience and religion guaranteed under Arts.25 and 26 of the Constitution. After hearing counsel for the petitioner as also the learned Advocate-General, Sivaraman Nair, J. held as follows :

(2.) The Registry has taken up an objection to the effect that the writ appeal filed against an interlocutory order is not maintainable. The unnumbered writ appeal along with the unnumbered C.M.P. for stay of operation of the order of the learned single Judge came up for orders before us. The appeal is sought to be sustained under S.5(i) of the Kerala High Court Act, 1958. We heard the learned Advocate General on the maintainability of the appeal from the common order dt. 20-11-1984 passed in the interlocutory petitions in the Original Petitions. The learned Advocate General argued that the common order sought to be appealed against is a "final order" adjudicating the rights of parties coming within S.5(i) of the Kerala High Court Act, 1958 and hence appealable. On the merits, the order or direction of the learned single Judge was assailed.

(3.) S.5 of the Kerala High Court Act, 1958 provides for appeal from the judgment or order of a single Judge. Section 5 reads as follows :