Petition challenging jury selection and rules of the Kerala State Television Awards dismissed for lack of evidence and suppressed facts.
In a significant ruling, the Kerala High Court dismissed a writ petition challenging the constitutionality and fairness of the Kerala State Television Awards 2022. The petition, filed by Mahesh B. @ Mahesh Panju and another, alleged arbitrary rules and bias in the jury selection process, which they claimed violated Article 14 of the Constitution of India.
The bench, presided over by Justice Bechu Kurian Thomas, examined the allegations against Rule II and VII of the Awards Rules. These rules required participants to accept the jury's decision as final and submit an affidavit agreeing not to challenge it. The petitioners argued these rules were arbitrary and restricted judicial review. However, the court found that these rules were introduced at the behest of the petitioners themselves when one of them served as Secretary of the Kerala State Chalachithra Academy. The court emphasized the petitioners' suppression of this fact disqualified them from seeking relief under Article 226.
Further scrutiny was directed at the jury's composition. The petitioners contended that the jury members were not distinguished in the field of visual arts, as required by the awards' regulations. The court, however, interpreted "visual arts" broadly, encompassing interdisciplinary expertise relevant to filmmaking, and concluded that the jury was competent. The court noted that the petitioners only raised their objections post the announcement of awards, which diminished the credibility of their claims.
The court also addressed allegations of bias, particularly regarding the jury chairman's acquaintances with some awardees. The judgment underscored that mere acquaintances do not constitute bias without substantive evidence of a real likelihood of bias. The collective nature of the jury's decision-making process further diluted any potential for individual bias.
Throughout the proceedings, references were made to several precedents, including the Supreme Court's rulings on judicial bias and the importance of full disclosure in writ petitions. The court reiterated that without full and honest disclosure, petitioners are not entitled to discretionary relief.
Ultimately, the court found no merit in the petitioners' claims and upheld the Kerala State Television Awards, reinforcing the integrity of its selection process and rules.
Bottom line:-
Rule restricting challenges against jury decisions of Kerala State Television Awards requiring affidavits from participants was challenged as arbitrary and violative of Article 14 of the Constitution of India. Allegations of bias against jury dismissed due to lack of substantive evidence.
Statutory provision(s): Article 14 of the Constitution of India, Article 226 of the Constitution of India
Mahesh B. @ Mahesh Panju v. State of Kerala, (Kerala) : Law Finder Doc id # 2948845
