Kerala High Court frowns upon newly elected MLA who sought withdrawal of his PIL on tribal welfare

The Kerala High Court on Monday pulled up newly elected Member of Legislative Assembly (MLA) Aryadan Shouketh for seeking to withdraw his public interest litigation (PIL) petition that espoused the cause of tribal communities from his own constituency, Nilambur. [Aryadan Shouketh & Ors. v. Union of India & Ors.]

A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji told the MLA that as a representative of the people, he is now in a better position to further the cause of tribal communities. He ought to embrace the responsibility that comes with his position rather than attempt to withdaw his PIL.

"You are an MLA, now you want to withdraw? What is this? You are now in a better position as an elected representative of this area. You take up this task. This must be your campaign manifesto. Please don't ask us to permit withdrawal. Don't force us to make further observations. We were surprised that you want to withdraw the petition," Chief Justice Jamdar orally remarked.

The Court eventually decided to instead dispose of the PIL recording its expectation that the task of ensuring the welfare of tribal communities is taken forward by Shouketh.

"We are surprised at this course of action adopted by the petitioner no.1. (Shouketh). Now that he has been elected as MLA he would be in a better position to address the issue he himself has raised in the petition. Therefore, we are of the opinion that this task should be taken forward by the petitioner no.1 in his new capacity as he has been elected as a representative of the people of this area and he should look into it from the new position he has assumed. With these observations and expecting further action from petitioner no.1 we dispose of this petition," the Court said in its order.

The PIL was filed by Shouketh and one Sudha Vanimpuzha raising concerns regarding the living condition of tribal families who often reside in sheds covered with plastic sheets deep in the forest. The petitioners argued that these families faced imminent danger which has been made worse by the lack of connectivity with the main land as two crucial bridges were washed away during floods in 2018 and 2019.

They had sought directions to the Kerala Legal Services Authority (KELSA) to act as a Tribal Monitoring Committee and file a report on the tribal colonies in Pothugal Grama Panchayat, Vazhikadavu Grama Panchayat and Karulai Grama Panchayath in Nilambur Taluk tribal.

Shouketh was elected MLA last month in the fiercely contested Nilambur by-elections.

He then sought to withdraw the PIL filed by him.