Kerala Pradesh Congress Committee (KPCC) president V.M. Sudheeran said here on Tuesday that the High Court observation about a party directive to its elected representatives in local bodies on liquor ban amounted to the court overstepping its jurisdiction.
Asserting the Constitutional and democratic rights of political parties to frame policy perspectives and give appropriate directive to its elected representatives, Mr. Sudheeran said he totally disagreed with the observations. “I’m a political leader who has always respected the Constitution, the judiciary and Constitutional institutions. I personally believe that the High Court would not have made the observation if it had viewed the entire issue in its proper perspective. The KPCC and the KPCC president have not been given an opportunity to present its case before the court. An observation of such serious nature without giving an opportunity to be heard amounts to denial of common and natural justice,” he said.
The observation of the Division Bench, comprising Justice Antony Dominic and Justice Alexander Thomas, came in a case related to sanction of a No-Objection Certificate by the Maradu municipality in Ernakulam district. The court had said that the letter written by Mr. Sudheeran, in his capacity as party State president to the party’s elected representatives, amounted to intervention by extra-constitutional authority.
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In reply to a question, Mr. Sudheeran said he was examining the possibilities of challenging the High Court’s observation which had a direct bearing on all political parties. “In a parliamentary democracy such as ours, political parties have a very important role, whether it is related to fielding and getting candidates elected and ensuring the performance of their responsibilities,” he said.
Political parties have an important role in formulating policy perspectives. The Kerala Panchayat and Municipality Acts also have references to the role of political parties, which have the freedom to issue necessary guidelines to their representatives in relation to the performance of their duties.