RAJESH JOSEPH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is the Secretary of the Taluk Library Council, Udumbanchola, a functionary under the Kerala Public Librararies (Kerala Granthasala Sanghom) Act, 1989 (the Act). Only libraries affiliated under the Act are entitled to the grant provided for under the Act. The libraries affiliated under the Act are governed by a three tier system of Library Council, viz, the State Library Council, the District Library Council and the Taluk Library Council. The office bearers and the delegates to the three tier Library Council are to be elected in a democratic process in the manner provided for under the Act and the Kerala Public Librararies (Kerala Granthasala Sanghom) Rules, 1991(the Rules). In terms of the Act and the Rules, the affiliated libraries are to elect two representatives to the Taluk Library Council, who, in turn would elect the office bearers of the Taluk Library Council. Ext.P18 is a communication sent by the District Library Council to the petitioner directing him to appoint returning officers for the election of the representatives of the affiliated libraries to the Taluk Library Council for the ensuing election of the office bearers of the three tier Councils under the Act. Along with Ext.P18, a list of affiliated libraries under the Taluk Library Council, Udumbanchola was also forwarded. The case of the petitioner is that respondents 5 to 18 libraries included in the list appended to Ext.P18 are not affiliated libraries entitled to send representatives for election to the Taluk Library Council. The petitioner, therefore, seeks directions to respondents

(2.) and 4 to remove respondents 5 to 18 libraries from the list of libraries appended to Ext.P18. 2. A counter affidavit has been filed by respondents 6, 7 and 9 to 18. The stand taken by them in the counter affidavit is that all the said libraries are affiliated libraries under the Act and that, therefore, they are entitled to be included in the list appended to Ext.P18. The certificates of affiliation of most of them were also produced along with the counter affidavit. Ext.R6 series are the copies of the certificates of affiliation issued to respondents 6, 10, 11, 12, 13, 14, 15, 16, 17 and 18.

(3.) Heard the learned counsel for the petitioner as also the learned counsel for the respondents.