'Resolution On Uniform Civil Code Can't Be Moved In Corporation Council' : Kerala High Court Stays Municipal Corporation's Proposal

The Kerala High Court on Thursday stayed the Kozhikode Municipal Corporation's proposal to pass a resolution on Uniform Civil Code.

Justice N. Nagaresh issued the interim order staying all further proceedings pursuant to the notice with the proposed resolutions issued by the Corporation, to the extent it permits consideration of the Agenda Item No.137 with regard to the Uniform Civil Code and Central Government. 

The Order was passed in a plea filed by the the BJP Councillor, Navya Haridas, against the discussion of the resolution. The agenda included a one-line resolution seeking the Central Government to withdraw from the implementation of the Uniform Civil Code, which is alleged to be polarizing the country. The petitioner approached the High Court alleging that it was illegal for the municipal council to discuss such a resolution. The Corporation was to discuss the UCC and pass a resolution on the same during its meeting on July 21, 2023.

The Court noted that as per Rule 18(4)(a) of the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995, a resolution in order to be admissible ought to relate to matters coming within the administrative power of the Municipality. 

"In view of the above, I am prima facie convinced that a resolution on Uniform Civil Code cannot be moved in the Corporation Council," Justice Nagaresh observed. 

The respondent authorities were also issued notice in the matter. 

The plea has been moved through Advocates Sajith Kumar V., Vivek A.V., Godwin Joseph, Akhil Vinayan, and Ronit Zachariah. 

Case Title: Navya Haridas v. State of Kerala & Ors. 

Case Number: WP(C) NO. 23741 OF 2023

Click Here To Read/Download The Order