Kerala High Court stays move by Kozhikode Municipal Corporation to pass resolution against Uniform Civil Code

The Kerala High Court on Thursday stayed a proposal by the Kozhikode Municipal Corporation to pass a resolution against the Uniform Civil Code (UCC). [Navya Haridas v State of Kerala & Ors.].Justice N Nagaresh noted that according to the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995, a resolution can be passed by a municipality corporation only when it is related to matters coming within the administrative power of the municipality..As such, the Court took a prima facie view that the Kozhikode Municipal Corporation could not have passed a resolution on the UCC.“I am prima facie convinced that a resolution on Uniform Civil Code cannot be moved in the Corporation Council," Justice Nagaresh said..The High Court was considering a plea filed by a Bharatiya Janata Party (BJP) councilor (petitioner) challenging a notice issued by the Kozhikode municipal corporation to convene a meeting in order to pass a resolution against the proposed introduction of a UCC in India..The BJP councilor contended that as per Rule 18(4)(a) of the 1995 Kerala Municipality Rules, a resolution should relate to the matters coming within the administrative power of the municipality. Such resolutions cannot contain arguments, hypothetical inferences, ironical expressions, or defamatory statements, she pointed out. .While so, she informed that an agenda to the Kozhikode Municipal Corporation's notice concerned the introduction of a resolution against the Central government, wherein the municipal council sought to demand that the Central government withdraw its decision to implement a Uniform Civil Code for India. .“The wording in the resolution, even in a plain reading of the same, is outside the administrative power of the Municipality under Rule 18(4)(a) and is hypothetical and argumentative in nature, thus violating the provisions of Rule 18(4)(d),” the petitioner contended..The High Court has, prima facie, agreed with the petitioner's contentions and passed an interim order staying all further proceedings pursuant to the notice issued by the Kozhikode municipal corporation.“There will be an interim order staying all further proceedings pursuant to Ext.P1 to the extent it permits the meeting scheduled on 21.07.2023 to consider Agenda Item No.137 with regard to the Uniform Civil Code and Central Government," the order stated..The councilor was represented by advocates Sajith Kumar V, Vivek AV, Godwin Joseph, Akhil Vinayan, and Ronit Zachariah. .[Read Order]

Kerala High Court stays move by Kozhikode Municipal Corporation to pass resolution against Uniform Civil Code

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