Mere Procedural Violations Not Sufficient To Vitiate Lok Adalat’s Award Of Settlement: Kerala High Court

Case: Babumon K.G. v. State of Kerala & Ors.

Coram: Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen

Case No.: W.A. No. 547 of 2023

Court Observation: “Constitution itself defines the scope of judicial review. Any regulation made invoking the statutory provision cannot enlarge or expand the scope and width of Article 226 of the Constitution of India. Nevertheless, taking note of the regulation as above, we are of the view that the intention of regulation allowing a challenge on a threshold by judicial review is on a well defined parameter under Article 226 of the Constitution of India and nothing else. Thus, procedural violation, affecting jurisdiction, the court may be able to interfere with such Award passed and mere violation itself will not be sufficient to hold that it would vitiate the award. To vitiate the award, it must be found that the authority have no competency under any other provisions to hold such Adalath to pass an Award”.

“In such circumstances, we cannot find any procedural lapse affecting jurisdictional authority of Lok Adalath to pass such an Award. The court cannot interfere with such Award. The learned single judge rightly turned down the challenge,”

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Keywords

Mere Procedural Violations