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Judgment
T.R.Ravi, J
W.P.(C)No.30866 of 2021
The petitioner who is an elected member of the Ayilur Grama Panchayat, representing the Karimprara Ward, has challenged the election process to
the Kudumbasree Ayalkoottams of Ayilur Grama Panchayat. The prayer in the writ petition is to direct respondents 2 and 3 to ensure completion of
the audit and affiliation/renewal of all Kudumbasree Ayalkoottams of the Panchayat before the scheduled elections takes place, so as to enable them
to participate in the electoral process.
On 6.1.2022, this Court issued the following directions:
“(1) Deputy Collector (RR), Civil Station, Palakkad- 678 001 and District Coordinator, Kudumbashree District Mission, Civil Station, Palakkad â€" 678 001 are
impleaded as additional respondents 8 and 9 in both these writ petitions. Registry to make necessary corrections in the cause title.
(2) The respondents 8 and 9 are directed to prepare an additional list of voters representing those Ayalkoottams which are eligible to vote as per
Clause 18 of Kudumbashree Election Rules, but have not been included in the voters list for the reason that their auditing has not been completed.
(3) The persons included in these additional lists are also be permitted to participate in the election process. However, the votes cast by such persons will be kept in a
different ballot box.
(4) After completing the election, the Electoral Officers may proceed with the counting of the votes and shall prepare the details of votes cast in the main ballot box as
well as in the additional ballot box.
(5) In case the election is not through ballot box and is done by show off hands or any other method, the Electoral Officers shall keep separate count of the votes cast
by the persons in the main list and the additional list.
(6) A report shall be filed before this Court after the completion of the entire process.â€
As directed in the order, the District Coordinator, Kudumbasree District Mission, Palakkad has submitted a report. It is stated in
the report that pursuant to the order of this Court 17 Ayalkoottams were identified to be Ayalkoottams which had not completed their audit. It is stated
that the said Ayalkoottams were asked to appear for audit and out of the 17, eight Ayalkoottams submitted the required papers and their audit was
completed and they were included in the election process. It is submitted the remaining nine Ayalkoottams did not produce the required registers in
their completed forms and returned without completing the audit process. It is further stated that the eight Ayalkoottams which were found eligible had
participated in the election process for Ayalkoottam election and the second stage of election.
In view of the above, the writ petition is disposed of directing respondents 8 and 9 to complete the election process on the basis of the list finalised
as stated above, including the eight Ayalkoottams which were also found eligible, in the election process. If the petitioner has any further grievance, he
is at liberty to approach the concerned authorities under Clause 21 of the Election Byelaws, provided he is eligible to raise a challenge as per the
Byelaws.
Cont.Case (C)No.167 of 2022
The contempt case has been filed alleging that the interim order issued by this Court on 6.1.2022 has not been complied. On going through the report
submitted by the District Co-ordinator, Kudumbasree District Mission, Palakkad in the writ petition, I do not find any wilful disobedience of the order
issued by the Court. The interim order was intended to safeguard the rights of such Ayalkoottams who may lose their voting right in the election and
was not a recognition of any right of the petitioner to take part in the election. In view of the final judgment in W.P.(C)No.30866 of 2021, no orders
are called for in this contempt case and the same is dismissed.