BALASUBRAMANIAN Vs. CHANDRADAS

JUDGEMENT

(1.) The cardinal question that has come up for consideration before us is whether we should issue a writ of quo warranto against a duly elected Deputy Chairperson of a Municipality on the sole ground that he could not make and subscribe his oath of office before the Chairperson not due to his fault, but due to non election of the Chairperson.

(2.) Deputy Chairperson was duly elected by the elected councillors of the Municipality and was/is ready and willing to make and subscribe his oath before the Chairperson if elected. Can the mandate of the electorate be ignored for the sole reason of non availability of the Chairperson before whom the elected Deputy Chairperson has to make and subscribe his oath of office. Should the will of the electorate succumb to such man made situations thereby making the democratic process, a mockery. Whether the court should exercise its discretion by issuing a writ of quo warranto to unseat a duly elected Deputy Chairperson of the Municipality, defeating the democratic process especially when the elected Deputy Chairperson is not at fault. These are some of the issues that have come up for Consideration in these cases, for which we have to find solutions.

(3.) Third respondent in W.P.C. No 28913 of 2005 was elected as Deputy Chairperson of Palakkad Municipality in accordance with Section 12 of the Kerala Municipalities Act read with the Kerala Municipality (Election of Chairperson and Deputy Chairperson) Rules 1998. Election was held on 6.10.2005. Deputy Chairperson was expected to make and subscribe oath of office before the Chairperson of the Municipality as per Section 143 (2) of the Act. Chairperson was however not elected thereby Deputy Chairperson could not make and subscribe his oath though he was always ready and willing to make and subscribe his oath of office before the Chairperson. Section 43 (2) of the Act authorises the Government to nominate a person before whom Chairperson could make and subscribe his oath or affirmation. Government nominated the Returning Officer as the person before whom Chairperson has to make and subscribe his oath. Since Chairperson was not elected Deputy Chairperson was permitted by the Election Commission to make and subscribe bis oath or affirmation before the Returning Officer nominated by the Government, before whom Chairperson has to make and subscribe oath. Government did not object to the said course, nor the councillors. Deputy Chairperson therefore made and subscribed his oath before the returning Officer and assumed office.