IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18576 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------- K.S.BABU, S/O.KELU NAIR, AGED 49 YEARS, 'MANIYARA', KARIMKUTTY P.O., WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): --------------- 1. KERALA STATE SPORT COUNCIL, REPRESENTED BY ITS SECRETARY, TRIVANDRUM-695 001. 2. THE PRESIDENT, KERALA STATE SPORTS COUNCIL, TRIVANDRUM- 695 001. 3. THE STATE OF KERALA, REP.BY SECRETARY TO SPORTS AND YOUTH AFFAIRS WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SRI. PIRAPPANCODE V.S. SUDHEER, SC R3 BY GOVERNMENT PLEADER SMT. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18576/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEDICAL CERTIFICATE DTD. 5/07/2011 ISSUED BY THE DR. K.P.VINOD BABU. P2: COPY OF THE NOTICE DTD. 18/06/2011 TO THE PETITIONER. P3: COPY OF THE AGENDA OF THE MEETING HELD ON 24/06/2011. P4: COPY OF THE ORDER G.O.(O) NO.101/11 DTD. 05/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18576 OF 2011 ----------------------------------------------------- Dated this the 12th day of July, 2011 J U D G M E N T Petitioner is an elected Member of the Kerala State Sports Council. By Ext.P4, Government Order he has been removed from the Council on the ground that he was absent from three consecutive meetings of the Council without obtaining leave of the Council. It is challenging Ext.P4 this writ petition is filed. 2. The only ground urged before this court is that while issuing Ext.P4, the requirement of affording an opportunity of being heard as provided under the proviso to Rule 4 of the Kerala Sports Rules 2008 has not been complied with. 3. I have heard the Government Pleader and the Standing Counsel appearing for respondents 1 and 2. The learned Standing Counsel canvassed for the position that W.P.(C) No. 18576 OF 2011 :2 : in view of the proviso to Rule 4, absence from three consecutive meetings without the leave of the Council, rendered the petitioner liable for removal. However, the Standing Counsel could not contradict the contention of the petitioner that he was not given an opportunity of being heard in terms of the aforesaid proviso. Learned Government Pleader also could not effectively counter the case canvassed by the petitioner. 4. Rule 4 of the Kerala Sports Rules 2008 provides for removal of members. The rule contains a proviso which reads as under: “Provided that a member shall not be removed under this rule without giving him an opportunity of being heard.” 5. From the materials on record and the submissions made, I am satisfied that the petitioner has W.P.(C) No. 18576 OF 2011 :3 : not been given an opportunity of being heard as provided in the proviso. In such situation removal of the petitioner from the Kerala State Sports Council as per Ext.P4 without giving an opportunity of being heard, is illegal. 6. For that reason Ext.P4 is liable to be set aside and I do so. However, it is clarified that this judgment will not stand in the way of the 3rd respondent, from initiating fresh proceedings against the petitioner, in terms of the provisions contained under Rule 4 of the Rules. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-