A Division Bench of the Kerala High Court on Thursday set aside a single judge ruling that had quashed the State's decision to dissolve the Kerala Police Officers Association (KPOA), as part of its move to restructure associations formed by police officers in Kerala.
The dispute arose from a State Home Department order reorganising three associations representing different ranks of police personnel.
The order resulted in the dissolution of one of the three police associations (KPOA), while the remaining two were to be retained in a reorganised form.
The KPOA challenged the State's order and secured a favourable ruling from a single judge.
This was challenged before a Division Bench of the Court by the State.
A Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Preeta AK allowed the State's appeal today, effectively restoring the abolition of the KPOA.
The State government order in focus was issued in July this year. It abolished the KPOA and reorganised the membership of the two remaining bodies - the Kerala Police Association (KPA) and Kerala Police Senior Officers Association (KPSOA).
The order also provided for the division of KPOA's assets, including its bank accounts, documents, deposits, investments, rights and liabilities between the two remaining bodies in a 60:40 ratio.
It further stated that Ad Hoc committees would handle specified administrative duties, with elections to the newly reconstituted associations scheduled to be held on September 30.
However, on September 29, a single-judge bench of the High Court quashed the government order. The single judge observed that the State lacked authority to restructure associations. The single judge also noted that the freedom to form associations under Article 19(1)(c) of the Constitution extended beyond the initial formation of an association, and also covered its continued existence and composition.
The State challenged this ruling, contending that police associations cannot be treated on the same footing as ordinary voluntary associations under Article 19(1)(c) of the Constitution.
The State explained that this was because the rights of police personnel were subject to the special regime under Article 33 of the Constitution and the Police Forces (Restriction of Rights) Act, 1966.
The Court today allowed this appeal.
Advocate PC Sasidharan appeared for the Kerala Police Officers Association.
Senior counsel George Poonthottam and advocate Nisha George appeared for the Sub-Inspector Sugunan.