KAT quashes LSGD order transferring Munnar panchayat secretary, terms SEC directive beyond authority

The Kerala Administrative Tribunal (KAT) has set aside an order issued by the Local Self-Government department (LSGD) transferring former Munnar grama panchayat secretary G.P. Udayakumar following a directive by the State Election Commission (SEC).

Mr. Udayakumar was transferred after being accused of ‘serious dereliction’ in complying with the Kerala Panchayat Raj (Resignation of President, Vice President or Members Rules), 2000, while accepting the resignation letter of former Munnar grama panchayat president Deepa Rajkumar.

Ms. Rajkumar had submitted her resignation to the panchayat secretary on February 29, only to retract it hours later, claiming she was coerced and that her signature on the original letter had been forged by her political rivals.

The panchayat secretary forwarded both letters to the SEC, which later allowed Ms. Rajkumar to continue in office and directed the LSGD to transfer the panchayat secretary. He was subsequently transferred to Thuneri grama panchayat in Kozhikode

A Division Bench of KAT, comprising chairperson C.K. Abdul Rehim and administrative member Pradeep Kumar, found the transfer unsustainable. The tribunal ruled that neither the SEC or its secretary (who had recommended action) held administrative authority over the LSGD or had the power to recommend disciplinary action.

It upheld the contention of the petitioner, represented by advocate Fathahudeen M., that the SEC secretary was not legally empowered to make adverse remarks against the panchayat secretary.

Rejecting the SEC’s justification that the transfer “request” was made to protect the interest of justice and to avert any procedural mishaps, the tribunal directed the LSGD to reinstate Mr. Udayakumar as Munnar grama panchayat secretary within two weeks.