This story is from April 14, 2015

‘No contempt action if LSGI ombudsman’s orders not obeyed’

No contempt of court action can be taken for not obeying orders issued by the ombudsman for local self-government institutions (LSGI) as it cannot be treated as a subordinate court, the Kerala high court has held.
‘No contempt action if LSGI ombudsman’s orders not obeyed’
KOCHI: No contempt of court action can be taken for not obeying orders issued by the ombudsman for local self-government institutions (LSGI) as it cannot be treated as a subordinate court, the Kerala high court has held.
The ruling by a division bench comprising Chief Justice Ashok Bhushan and Justice A M Shaffique came while considering a contempt of court petition filed by Thomas Aruja of Mulavukad in Ernakulam.

Contempt action was sought against Mulavukad panchayat secretary K V Manoj, Kanayannur taluk tahasildar K X Joseph, and taluk surveyor Sujith citing non-compliance of an order passed by the ombudsman on August 30, 2013.
During the hearing, senior government pleader Viju Abraham had raised a preliminary objection and contended that the contempt application cannot be entertained. The high court can punish for contempt of any courts subordinate to it under the Contempt of Courts Act, 1971. As the ombudsman is not a court subordinate to the high court, no proceedings for contempt can be initiated, the government counsel argued.
Petitioner’s counsel Mathew Kuriakose opposed this, submitting that the ombudsman is a subordinate court and contempt proceedings can be initiated for non-compliance to its orders. The ombudsman appointed under the provisions of Kerala Panchayat Raj Act, 1994 has all the trappings of a court and has the power of a civil court to conduct inquiry and decide on a dispute between parties, the counsel submitted.
Upholding the government’s contention the division bench held, “We are of the considered opinion that the institution of ombudsman as defined under the Kerala Panchayat Raj Act, 1994 cannot be treated to be a ‘subordinate court’… Hence, for the alleged disobedience of the order of the ombudsman, proceedings under the Contempt of Courts Act, 1971 cannot be initiated.”
As per the provisions of Kerala Panchayat Raj Act, the ombudsman was created to redress the grievances of citizens and to provide a mechanism for inquiring about the allegations and complaints so as to keep a check on maladministration. Its functions are not same as that of a court. A provision in the Act clearly says that the ombudsman shall not take up a complaint that is pending consideration in a court, the high court said.
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About the Author
Mahir Haneef

Mahir Haneef has been covering the High Court of Kerala since 2011.

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