AI Structured Summary
Not yet generated for this judgment
Judgment
Viju Abraham, J
The above writ petition is filed aggrieved by non-renewal of FL-3 licence no.KL-41 on the ground that Code of Conduct of Election will expire only on 05.06.2024.
Petitioner has submitted Ext.P3 application for renewal of FL-3 licence which was in force till 31.03.2014. The entire licence fee for the year 2024-2025 was also remitted by the petitioner as is evident from Ext.P4. But the licence is not renewed on the ground that the Code of Conduct of Election is upto 05.06.2024. Petitioner submits that Code of Conduct of Election is over on 26.04.2024 as far as State of Kerala is concerned and renewal of licence will not come within the purview of Code of Conduct of Election. It is aggrieved by the same that the petitioner has approached this Court.
A statement has been filed by the 6th respondent Election Commission of India wherein it is contended that the Model Code of Conduct will continue to be in force till the completion of election process and the election process will be completed only on 06.06.2024. It is further stated that the Election Commission has prescribed a procedure to be followed in the matter of allotment of liquor vends during the period of operation of Model Code of Conduct and in order to streamline the process and ensure time bound disposal of all Government proposals requiring clearance of the Election Commission of India while the Model Code of Conduct is in force in the State, as instructed by the Chief Electoral Officer (Kerala) the Government has constituted a three members screening committee with the Chief Secretary as its Chairman so that the clearances from the Election Commission of India could be sought expeditiously after proper examination of the proposals by the Committee with reference to the Model Code of Conduct and the Government has issued Annexure-R6(a) order in compliance with the same. It is also stated that when a similar situation occurred earlier, this Court in W.P.(C) No.5672 of 2021 has noted the constitution of the screening committee for the purpose of obtaining clearance from the Election Commission in the matter concerning Model Code of Conduct in Annexure-R6(b) judgment and therefore, if there is any issue regarding obtaining clearance from the Election Commission of India, the same can be placed before the screening committee as provided in Annexure-R6(a) order and necessary orders will be passed thereon by the Election Commission of India in a time bound manner.
The learned Government Pleader has also supported the stand taken by the 6th respondent in the statement.
After hearing both sides, I am of the view that since a committee has been constituted which is bound to meet on every Monday at 11.00 a.m. to examine each proposal before sending it to the Chief Electoral Officer (Kerala), the writ petition could be disposed of as follows:
The request of the petitioner as per Ext.P3 application for renewal of FL-3 licence shall be placed by the Government before the committee constituted as per Annexure-R6(a) Government Order and the committee shall take a decision on the same on the next sitting which falls on next Monday (20.05.2024) going by Annexure-R6(a). The committee shall take a decision and communicate the same to the Chief Electoral Officer (Kerala) and the Chief Electoral Officer (Kerala) shall refer it to the Election Commission of India within a period of two days, who shall take appropriate decision on the same without any delay.
With the abovesaid directions the writ petition is disposed of.