Aboobacker K.H. v. State Election Commission, Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 32137 of 2015 (N) ---------------------------------------- PETITIONER:
-------------------------- ABOOBACKER K.H. AGED 36 YEARS S/O HUSSAIN, KATTAKAL HOUSE, KALLANADU PO KASARAGOD BY ADVS.SRI.R.D.SHENOY (SR.) SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL SRI.M.S.IMTHIYAZ AHAMMED RESPONDENTS:
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1. STATE ELECTION COMMISSION, KERALA CORPORATION OFFICE COMPLX, L.M. S. JUNCTION, PALAYAM THIRUVANANTHPURAM-695 033
2. THE DE-LIMITATION COMMISSION , KERALA OFFICE OF THE DE-LIMITATION COMMISSION THIRUVANANTHAPURAM THROUGH ITS SECRETARY
3. THE DEPARTMENT FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THRORUGH ITS PRINCIPAL SECRETARY THIRUVANANTHAPURAM-695 001
4. DIRECTOR OF PANCHAYAT OFFICE OF THE DIRECTOR OF PANCHAYAT THIRUVANANTHAPURAM-695 001
5. DEPUTY DIRECTOR OF PANCHAYAT, KASARAGOD-671 121
6. THE DISTRICT COLLECTOR COLLECTORATE, KASARAGOD-671 121 R1 & R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, K.S.E. COMMISSION R3 TO R6 BY GOVERNMENT PLEADER SRI. BOBY JOHN PULIKKAPARAMBIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32137 of 2015 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:
COPY OF THE ORDER NO. 1003/15/S.D.C DT. 19/9.15 EXT.P2:
COPY OF THE ORDER NO 1003/15/S.D.C DT. 30/9/15 EXT.P3:
COPY OF THE DIVISIONS , PANCHAYATS & PANCHAYAT WARDS IN KASARGOD BLOCK PANCHAYAT AND SKETCH RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 32137 OF 2015 ---------------------------------------- Dated this the 28th day of October, 2015
JUDGMENT
Ext. P2 order of delimitation of wards in the Kasargode District Panchayat Division is impugned. Such order with regard to the delimitation has the force of law under Section 10(3A) of the Kerala Panchayat Raj Act, 1994. The validity of any law relating to delimitation of the constituencies shall not be called in question in any Court. There is a bar under Article 243 O(a) of the Constitution of India in this regard. The decision in Meghraj Kothari v. Delimitation Commission and others [AIR 1967 SC 669] lends support to this conclusion.
2.
There is a faint plea in the writ petition as regards the continuance of Ward No. 13 as a general ward and Ward No. 14 as a reserve ward for two consecutive elections. The State Election Commission points out that such a course is inevitable to give effect to the principle of reservation by rotation. The decision in
W.P.(C). NO. 32137 OF 2015 2 Geethakrishnan v. State Election Commission [2015
(4) KLT 297] is relied on by the State Election Commission. I find that the order passed by the Electoral Officer as regards reservation has neither been exhibited nor impugned in this writ petition. I deem it fit to leave open the question of reservation of the wards to be considered in appropriate proceedings.
The writ petition is dismissed.
V. CHITAMBARESH JUDGE DCS