Kerala HC Dismisses Quo Warranto Plea Challenging Appointment Of Its Former Judge As Chairman Of Kerala State Commission for Backward Classes [Read Judgment]

The Kerala High Court has dismissed a quo warranto petition against Justice G. Sasidharan, who is Chairman, Kerala State Commission for Backward Classes.

One S. Subramaniam had approached the High Court contending that Justice Sasidharan was appointed to the post of Upa LokAyukta, and therefore is disqualified from being appointed as a Chairman of the Backward Classes Commission, an appointment to a substantive post under the Government in the absence of the removal of his disqualification. Her relied on Section 5(3) of Kerala Lok Ayukta Act, 1999 which provides that, on ceasing to hold office, the Lok Ayukta or an Upa-Lok Ayukta shall not be eligible for further employment to any office of profit under the Government or in any authority, corporation, company, society or university referred to in item (vii) of clause (o) of Section 2.

Referring to various provisions of the Act, the bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly considered the issue whether, office of the Chairman of Kerala State Commission for Backward Classes is, either under the employment of Government of India or under the Government of a State?

Rejecting the contention that Kerala State Commission for Backward Classes is under the employment of the Government, the bench observed:

"Merely because, sub-section (3) of Section 3 in the Kerala State Commission for Backward Classes Act, 1993, provides for removal of persons from the Office of Members, for the reasons stated thereunder, that by itself cannot be said that the Government have a control over the Backward Class Commission..Thus, when the advice of the Commission is binding on the Government, the Commission cannot be said to be under the control of the Government. " 

Case name: S.SUBRAMANIAM vs. STATE OF KERALA

Case no.: WP(C).No.17401 OF 2020(S)

Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly

Counsel: Advocates C.HARIKUMAR, RENJITH RAJAPPAN, Sr GP TEK CHAND

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