KERALA POLICE ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The Kerala Police Association, hereinafter referred to as 'the Association', is the petitioner. The grievance of the petitioner in this writ petition concerns the direction issued by the second respondent, the State Police Chief, for the conduct of elections to its various offices.

(2.) Ext.P2 is the constitution of the Association. The scheme of Ext.P2 constitution is that the office bearers of the branch units of the Association are to be elected by the members of the Association and the office bearers of the district units of the Association are to be elected by the elected office bearers of the branch units. Likewise, the office bearers of the Association are to be elected by the elected office bearers of the district units. Clause 9 of Exhibit P2 constitution provides that the term of the elected office bearers of the Association will be one year. The constitution of the Association though confers power on the general body of the Association to amend its constitution, it provides that the amended constitution will come into effect from the date on which the Government grants approval for the amendment. In exercise of the said power, the general body of the Association carried out a few amendments to the constitution and the Government granted approval for the said amendments, on 20.08.2015. Exhibit P3 is the amendment to the constitution which is approved by the Government. As per Exhibit P3, clause 9 of the constitution has been amended, providing that the term of the elected office bearers of the Association will be two years. The case of the Association is that its present office bearers have been elected after Exhibit P3 amendment, on 21.08.2015 and therefore, they are entitled to continue in office for a period of two years from 21.08.2015. Nevertheless, according to the Association, the second respondent has issued Exhibit P5 communication directing them to conduct election to the various offices of the Association in accordance with Exhibit P3 amendment for the period 2016- 18 as per the schedule enclosed along with the said communication. The case of the petitioner is that Ext.P5 communication is against the constitution and hence illegal.

(3.) A statement has been filed on behalf of the second respondent. The stand taken by the second respondent in the statement is that the process of the election for the year 2015-16 commenced on 01.07.2015; that the branch level and the district level elections for the said period were held on 24.07.2015 and 31.07.2015 respectively and that therefore, though the election to the office bearers of the Association took place on 21.08.2015, the present office bearers of the Association cannot claim the benefit of Exhibit P3 since the office bearers of the Association were elected by the office bearers of the district associations who have been elected prior to the amendment.