KOCHI: The Kerala High Court has quashed the delimitation order in eight municipalities--Mattannur, Sreekandapuram, Panoor, Koduvally, Payyoli, Mukkam, Feroke and Pattambi and one panchayat- Padanna in Kasaragod.
The court declared that the delimitation exercise carried out by the local authorities was illegal. The petitioners argued that the power to vary the number of seats (wards) can be exercised by the government only after proper ascertainment of the actual population. The municipality divisions were formed in 2015 based on the Census data of 2011. Hence, a second delimitation process based on the same census data is illegal.
The court said: “the amendment made to Section 6(3) of the Act by increasing the number of seats cannot be made applicable to those panchayats/municipalities in which a delimitation exercise was carried out in 2015 based on the 2011 Census by the government by invoking the power under Section 4 read with Section 6(1) of the Acts.”
Centre asked to consider excluding airlift charges
The Kerala High Court on Wednesday directed the Centre to consider excluding around Rs 120 crore from airlift charge arrears for rehabilitation in Wayanad.
The state government informed the court that excluding arrears up to May 2021 from the I132.61 crore committed for airlift charges would free up I120 crore, in addition to I61.03 crore already available in the State Disaster Response Fund (SDRF). However, the government noted that this would require permission from the Centre and a relaxation of SDRF/National Disaster Response Force (NDRF) norms. The amount would then be used for Wayanad’s rehabilitation efforts.
Kerala HC seeks government’s view on new year party
The High Court has sought the state government’s opinion on a petition seeking to prohibit the proposed new year music festival on December 31 at Chulika Estate, a landslide-prone area, organised by Boby Chemmanur.
“What is this? Planning a New Year party there barely six months after the landslide incident?” asked the court and added, “We must have some sense.”
The court also directed to produce complete details of the programme. The petitioners alleged that massive gathering in an ecologically sensitive area is a recipe for disaster, especially amidst heavy rainfall that has rendered the region more vulnerable to landslides. The court will consider the case on Thursday.
Anticipatory bail to ex-CPM leader in dowry case
The Kerala High Court has granted anticipatory bail to Bipin C Babu, former CPM leader from Alappuzha who quit the party and joined the BJP, and his mother Prasannakumari in a dowry harassment case.
The case was registered by the Kareelakulangara police on a complaint by his wife. The petitioners alleged that the case was politically motivated as it was registered the very next day he joined the BJP.
Justice P V Kunhikrishnan said, “Normally, it is difficult to digest that a wife will file a complaint against the husband because he changed his political party.”
The court also said that his wife filed the complaint on December 2, on which date, the petitioner (husband) has not joined in BJP. “Therefore, I am not accepting the contentions of the petitioners that this is a politically motivated case. I reject that. But, it is a matrimonial dispute. There is a chance for settling the disputes in the future,” said the court.
Comments against Pinarayi: HC quashes case against public servant
The Kerala High Court has quashed a case against a Supplyco shop manager in Kasaragod for posting sarcastic comments in a WhatsApp group about the chief minister’s appeal to government servants to donate a month’s salary to the Flood Relief Fund. Justice G. Girish issued the order while allowing the petition filed by Jamal of Badiyadka to quash the case.
Jamal had posted the comment, “Malayalees will happily donate their monthly salary for the state, but you have to reduce the expenditure.” He was initially booked under IPC Sections 166 and 167 for disobeying the law and framing an incorrect document. The court ruled that the comment did not discourage others from donating and that the petitioner’s intention was not to harm the Flood Relief Scheme.
HC upholds order to donate Lawrence’ body for med research
The Kerala High Court dismissed the appeals filed by Asha Lawrence and Sujatha Boban, daughters of the late CPM leader M M Lawrence, challenging the order to hand over their father’s body to Ernakulam Government Medical College for research.
A division bench upheld the single judge’s decision, stating there was no evidence to question the findings of the medical college principal.
The daughters argued their brother M L Sajeevan’s affidavit, claiming their father’s wish to donate his body, was insufficient. They also contested the deceased’s request, citing his devout Christianity.
However, the bench noted that Sajeevan’s statement, supported by two relatives, was credible. “There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science,” the court observed.