LI Network
Published on: February 1, 2024 at 11:20 IST
The Kerala High Court is actively addressing a plea challenging the constitutional validity of Section 219AD(5) of the Kerala Panchayat Raj Act, 1994 (‘Act, 1994’).
This particular section was introduced through an ordinance issued by the Governor on December 7, 2023.
During the hearing on Monday, the Division Bench, comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, has solicited the response of the state authorities as respondents. The case has been slated for further consideration on a later date.
A petition has been filed in the Kerala High Court challenging Section 219AD(5) of the Kerala Panchayat Raj Act, 1994. This section, enacted through an ordinance on December 7, 2023, is under scrutiny for its constitutional validity.
Section 219A(2) of the Act, 1994 assigns the responsibility of waste management in a particular Panchayat to the Secretary of the concerned Panchayat.
Section 219AD of the statute outlines that a user fee must be paid to access waste collection and management services provided by the Panchayat. According to Section 219AD(3), failure to pay the user fee empowers the Village Panchayat to recover the amount as arrears of public revenue, imposing a fine at the rate of 50% per month.
Additionally, Section 219AD(5) empowers the Panchayat Secretary to suspend services to an individual who defaults in paying the user fee as prescribed.
The petitioners argue that granting the Secretary the authority to deny services to a defaulter, in addition to the 50% fine stipulated in Section 219AD(3), amounts to subjecting the defaulter to double punishment for the offense of non-payment of the prescribed user fee. They allege that such provisions violate principles of natural justice and the fundamental rights of the individuals concerned.
The petitioners contend that this provision is unconstitutional as it may prevent individuals from accessing any services from the Village Panchayat in case of default in the payment of user fees for a specific service.
This plea has been filed through M/S Marar & Iyer and is titled “Unnikrishnan & Anr. v. Chief Secretary & Ors.”