BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the Writ Petitions are filed -- one by an ex-councillor and another by a present councillor of the first respondent Municipality -- impugning the order of the Tribunal for Local Self Government Institutions, Thiruvananthapuram, ('the Tribunal' for brevity). Since both the Writ Petitions raise the same issue against the same set of respondents, this Court has proposed to dispose of them through a common judgment. I take the facts as pleaded in W.P. (C) No. 3322 of 2015 for narrative purpose, apart from referring to the parties as arrayed therein.

(2.) The facts in brief are that the petitioner is the Secretary of the Kerala Madhya Nirodhana Samithi, Thiruvananthapuram District; he is said to have served the first respondent Municipality as its Vice-Chairman for eight years and as Acting Chairman for one year. The petitioner is also said to be the office bearer of various other governmental Organisations, apart from being a native of Nedumangad Taluk. The petitioner in W.P. (C) No. 3321 of 2014 is a councillor in presenti.

(3.) In its meeting held on 18.12.2013, the first respondent Municipality included as one of its items in the agenda for its council meeting the proposal to grant 'No Objection Certificate' (NOC) for beer parlour to be established by the 6th respondent. On the said day, out of total number of 39 Councillors, since two remained absent, among the members present, 20 Councillors voted against the proposal to grant NOC to the 6th respondent. Notwithstanding their request to ascertain the intention of the others also whether they were fully supporting the resolution or remaining neutral, the Chairperson got agitated and quit the meeting. It is the grievance of the petitioners that despite the opposition by the majority Councillors, i.e., 20 out of 39, two being absent, later it was, however, recorded in the minutes of the meeting that the resolution had been passed in favour of granting of NOC to the 6th respondent.