The petitioner, Councilor of Division No.38 of Thrikkakara Municipality has filed this writ petition seeking the following reliefs: i. Issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent Secretary not to take any further proceedings in item No.2 (E2-Project No.8) pursuant to the Council meeting conducted on 27.10.2012 of the Municipality without conducting a poll envisaged in Rule 26(b) of the Kerala Municipality (Procedure for Meeting of Council) Rules.
ii. Issue a writ of certiorari or other appropriate writ direction or order calling for the records leading to Ext.P1 minutes of the Thrikkakara Municipality dated 27.10.2014 and quash the decision in item No.2 (E2- Project No.5) as it is illegal and unconstitutional.
iii. Issue any other writ direction or order which are deemed fit and necessary in the interest of justice.
2. According to the petitioner, no such resolution as recorded in Ext.P1 Minutes as item No.2 was adopted at the 2 W.P.(C).No.28072 of 2014 meeting of the Council. 35 out of the 40 Councilors who had attended the meeting had objected to the said resolution. But, overlooking their objections, it is alleged that the President had declared the resolution as passed. It is contended that in view of rule 27 (b) of the Kerala Municipality (Procedure for Meeting of Council) Rules, where one Councilor demands a particular resolution to be put to vote, such demand is to be acceded to. In the present case, though 35 councilors had objected, without putting the resolution to vote the President is alleged to have declared the resolution to have been passed.
3. Adv.Shanavas Khan appears for respondents 1 and 2.
According to the counsel, in order to avoid further disputes and controversy, they are ready to put the said resolution to vote at a meeting to be convened for the purpose.
4. In view of the above submission, the resolution that is alleged to have been adopted as E2-Project No.8 is liable to be set aside. The same has not been properly passed and therefore the same would have to be put to vote in accordance with the provisions of the Rules.
3 W.P.(C).No.28072 of 2014 This writ petition is therefore allowed. The resolution adopted as item No.2 (E2-Project No.8) at the meeting of the Municipal Council, Thrikkakara Municipality on 27.10.2012 is set aside. Respondents 1 and 2 are directed to convene a meeting of the Council for the purpose of discussing the said item afresh. For the purpose, a meeting shall be convened, as expeditiously as possible and at any rate within a period of two weeks of the date of receipt of a copy of this judgment.
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K.SURENDRA MOHAN, JUDGE.
rkc.