Kerala HC Stays Proposed Anti-CAA Resolution By A District Panchayath [Read Order]

The High Court of Kerala, on Tuesday, stayed a move of District Panchayath to pass resolution against Citizenship Amendment Act, 2019.

One K.Shrikant had approached the High Court seeking a stay of the notice issued by District Panchayath, Kasargode in this regard.

Before Justice Raja Vijayaraghavan V., it was contended on behalf of the petitioner that the proposed resolution is clearly violative of the Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rules, 1995. Rule 13 describes the procedure for moving resolutions at Panchayat meeting. The Sub Rule(4) provides that the resolution in order to be admissible shall not refer or relate to a matter which is under adjudication by a Court of law.

Having considered the submissions advanced I am of the view that the petitioner has made out a case for issuance of an interim order, said Justice Raja posting the case after three weeks.

The Kerala Legislative Assembly has already passed a resolution seeking repeal of the Citizenship Amendment Act. Following suit, the Legislative Assembly of the State of Punjab has also passed a resolution.  The Supreme Court is in seisin of more than 130 writ petitions questioning the constitutional validity of CAA. The State itself has moved a suit under Article 131 of the Constitution questioning the vires of the Act.

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