SULPHIKAR @ SULPHIKAR MAYOORI Vs. RAFEEQ

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P7 order passed by the Kerala State Election Commission in O.P.No.51 of 2017 dated 29.06.2018, whereby the petitioner is disqualified to continue as a Councillor of Kayamkulam Municipality, in accordance with the provisions of Sec.86 of the Kerala Municipality Act, on the basis of a complaint filed by a voter in Ward No.8 [mistakenly shown as Ward No.18 in the writ petition] of Kayamkulam Municipality, which ward was represented by the petitioner in the writ petition. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner was elected as Councillor, Ward No.8 of Kayamkulam Municipality in the election held on 05.11.2015. While representing so, petitioner was appointed as Director and Chairman of the Board of Directors of the Kerala Agro Industries Corporation, Thiruvananthapuram, as per Government Order dated 27.12.2016, evident from Ext.P1. The Kerala Agro Industries Corporation is a company incorporated under the Companies Act , 1956, and at the time of incorporation of the company, the State Government was a signatory to the Articles of Association. Article 62 of the Articles of Association enables the Chairman to preside over the general meeting and by virtue of Article 63 , the Chairman can adjourn the meeting. So also, as per Article 66 , the Chairman has a right for a second/casting vote. Therefore, according to the petitioner, the Chairman has only the powers delineated in the Articles of Association.

(3.) The Government have also issued order dated 09.09.2013, enumerating the duties and functions of the Chairman in Public Sector Undertaking and prescribing honorarium, sitting fee, use of vehicle etc., evident from Ext.P2. By virtue of Ext.P2, all Chairmen of Public Sector Undertakings are entitled to a honorarium of Rs.20,000/- per month and a sitting fee of Rs.500/- for attending the Board meeting and a car with driver is provided for official tour exceeding 1500 k.ms. per month, which shall be with the approval of Board of Directors.