The Kerala High Court has directed the state government to consider, within a month, a representation submitted by a Kozhikode municipal corporation councillor. The councillor alleged that the corporation's budget session for the fiscal year 2026-27 was convened in flagrant violation of the mandatory provisions of the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995.
Court Order and Observations
A bench of Justice P V Kunhikrishnan issued the order in response to a petition filed by Sreeja Suresh, who represents ward 71 of the corporation. The High Court further observed that the corporation committee's decision approving the 2026-27 budget would be subject to the state government's decision on the representation filed by the petitioner. It also issued notice to the state government and the corporation on the petition and adjourned the matter for a detailed hearing.
Allegations of Procedural Violations
Kozhikode corporation had convened meetings on February 28 and March 2 for the presentation and approval of the budget estimates for the upcoming financial year. However, Sreeja Suresh alleges that the meeting convened on February 28 was held without prior notice of at least three clear days to the members, as required under the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995.
According to the petition, the notice was issued just a day before the meeting, stating that an emergency meeting would be convened the following day. Suresh contended that, under the Rules, the budget estimates must be placed before the council only in a duly convened special meeting and not in an emergency meeting. It was further alleged that the finance standing committee itself convened and approved the budget estimates on February 27 — the very same day on which notice for the council meeting was issued — without complying with the mandatory procedural safeguards prescribed under the applicable rules.
Failure to Address Objections
Despite the petitioner having specifically raised objections regarding the alleged illegality of the proceedings and submitted representations, the corporation neither considered nor addressed them, prompting her to approach the High Court. She further claimed that although the minutes of the meetings were published on March 28 through the K-SMART application, the objections raised by the petitioner were not recorded therein.
The court's directive ensures that the state government will review the representation within a month, and the budget approval remains contingent on that decision. The matter has been adjourned for a detailed hearing.
