Justine Pallivathukkal v. State of Kerala

Kerala State Commission for Minorities Act, 2014

What is to be looked into is the purpose and intention of the legislation, rather than the community of the Chairperson and members of the Minority Commission appointed by the State Government. Even though allegations of mala fides and arbitrariness are made by stating that Act, 2014 is amended as is specified above with the intention of appointing the 4th respondent, we are unable to agree with the same, since the Act, 2014 clearly stipulates the tenure of the Chairman and the members and therefore, when the tenure is expiring, the Government is at liberty to appoint a Chairperson and member belonging to different communities or both from a community different from the present incumbents in the office. [Para 46]

Case Law Reference

  1. Jigya Yadhav v. CBSE, 2021 (3) KLT 71
  2. P. Venugopal v. Union of India, (2008) 5 SCC 1
  3. Dharam Dutt v. Union of India, (2004) 1 SCC 712
  4. Indian Aluminium Co. v. State of Kerala, (1996) 7 SCC 637
  5. E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 255

Present : S. Manikumar; C.J. & Shaji P. Chaly

Case Number : W.P. (C) No. 17496 of 2021; 18 January 2022

Petitioner/s by Advs. J. Julian Xavier, C. Joseph Antony, Asha Treesa Jose, Raju Joseph; Respondent/s: By Advs. V. Manu, Senior G. P., R4 By K. Anand, Benny Antony Parel, Ameer Salim, K. Gopalakrishna Kurup, Advocate General.