Kerala HC stays police association reorganisation order on petition by KPOA as well
The Kerala High Court has stayed the order reorganising the police associations in Kerala on a petition filed by the Kerala Police Officers Association. The
The Kerala High Court has stayed the order reorganising the police associations in Kerala on a petition filed by the Kerala Police Officers Association. The association was abolished through the order by the Additional Chief Secretary (Home) on the recommendation of the State Police Chief. The order called for the restructuring of the Kerala Police Association, Kerala Police Officers Association and Kerala Police Senior Officers Association, by removing the KPOA, distributing its members into the other two associations and dividing up its assets between KPA and KPSOA at a 60:40 ratio.
The order also called for an ad hoc committee, constituted by the State Police Chief, at the State and district-levels to temporarily take over the administration of KPOA, after freezing its elected committees. The ad hoc committee created in this regard was asked not to function until further orders. Justice Bechu Kurian Thomas had stayed the operation of the order in a petition filed by KPA on July 30, citing that once the reorganisation is in force, there could be no going back.
The court noted that there were no reasons given in the order for the restructuring. Forum’s contention The KPOA filed the petition before the court contending that the State had no power to abolish a recognised association, amend its bylaws by executive order, induct its members into other associations or merge and dissolve an existing association functioning in accordance with its bylaws. The petition sought protection of the association’s continued existence, its elected body, its funds and its independent legal status.
The KPOA cited the provision of its bylaws which stated that the constitution of the association could only be amended in the presence of a two-thirds majority of the State general body of the association, and two-thirds of the present members must approve of the change. Further, this amendment would need to the sanction of the State government as well.
The BriefWire