Kerala High Court
Abdul Gafoor vs State Of Kerala, Represented By The … on 18 December, 2024
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 39894 OF 2024
PETITIONERS:
1 ABDUL MUTHALIB T.P., AGED 70 YEARS, S/o MAMMU T.K,
RAZIYA MANZIL, KALIKADAV, PADNE,
KASARGOD, PIN - 671312.
2 AHAMED SHEREEF HAJI,AGED 66 YEARS, S/o A.R.MAHIN HAJI,
BAITHUL RAHMA, THEKKEPURAM,
PADNE P.O, KASARGODE, PIN - 671312.
BY ADVS. M/S. P.A.MOHAMMED SHAH, RENOY VINCENT, SHAHIR
SHOWKATH ALI, CHELSON CHEMBARATHY, ABEE SHEJIRIK FASLA
N.K., NANDA SURENDRAN, SAHAL SHAJAHAN, AQUIN KURUVILLA
TOM & M.N.MOHAMMED HUSSAIN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.
*3 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
KOZHIKODE, PIN - 678 001. (*CORRECTED)
*THE NAME AND ADDRESS OF R3 IS SUBSTITUTED AS
DELIMITATION COMMISSION, OFFICE OF THE STATE
ELECTION COMMISSION, CORPORATION OFFICE COMPLEX,
LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695
033.
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
2
**3 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
KOZHIKODE, PIN - 678 001.
**4 SECRETARY,
PADNE GRAMA PANCHAYAT, KASARGODE, PIN - 671312.
**5 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
NDCC BUILDING-II, JAISINGH ROAD, NEW DELHI,
PIN - 110001.
**THE PRESENT R3 TO R5 IS RENUMBERED AS R4, R5
AND R6 AS:
R4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
KASARGODE, PIN - 671123.
R5 SECRETARY,
PADNE GRAMA PANCHAYAT, KASARGODE, PIN -
671312.
R6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME
AFFAIRS, NDCC BUILDING-II, JAISINGH ROAD,
NEW DELHI, PIN - 110001.
THE ABOVE AMENDMENT IS MADE VIDE ORDER DATED
18-11-2024 IN IA.NOS. 1/2024, 2/2024 AND 3/2024
IN WP(C).NO.39894/2024.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
SRI. T.C.KRISHNA, SCGC
SRI. JAYAKUMAR NAMBOODIRI, SC
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39810, 39848, 39939, 39989, 40460
AND 40592 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 39810 OF 2024
PETITIONER:
AYYOOB M.P.K., AGED 44 YEARS,
S/O. YOUSUF, BUSINESS, RESIDING AT PUTHAN MADATHIL
HOUSE, PERINGATHUR.P.O, THALASSERY TALUK, KANNUR
DISTRICT, PIN - 670675.
BY ADV. SRI. R.SURENDRAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM,, PIN - 695033.
4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, KANNUR, PIN
- 670002.
5 SECRETARY, PANOOR MUNICIPALITY,
PANOOR.P.O., KANNUR DISTRICT, PIN - 670692.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
4
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
SRI.P.A.MOHAMMED SHAH, SC FOR R5
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39894, 39848, 39939, 39989, 40460
AND 40592 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 39848 OF 2024
PETITIONERS:
1 ABDUL GAFOOR, AGED 53 YEARS,
S/O AHAMMEDKUTTY, PULPARAMBIL HOUSE, KALLURUTTY.P.O,
OMASSERY VIA, KOZHIKKODE, PIN - 673582.
2 A.P.UMMER, AGED 59 YEARS,
S/O PAKKAR, IRUMBIDAKANDY HOUSE, KALLURUTTY.P.O,
OMASSERY VIA, KOZHIKKODE, PIN - 673582.
3 ABDUL NAZAR, AGED 58 YEARS,
S/O ALIKUTTY HAJI, AGED 58 YEARS, KAVUNGAMKUZHIYIL
HOUSE, VAVAD P.O, NELLANKANDI, KODUVALLY, KOZHIKKODE,
PIN - 673572.
4 V. ABDURAHIMAN, AGED 63 YEARS,
S/O MOIDEEN,VELLARAMMAL HOUSE, KAVUNGAMKUZHIYIL HOUSE,
VAVAD P.O, KODUVALLY, KOZHIKKODE, PIN - 673572.
5 A.P. KUNJABDULLA, AGED 70 YEARS,
S/O MAMMAD, GREEN DAEL, PAYYOLI,KOZHIKKODE, PIN -
673522.
6 V.K.ABDURAHIMAN, AGED 60 YEARS,
S/O MOIDU, VADAKKE KANJIROLI, PAYYOLI, KOZHIKKODE, PIN
- 673572.
BY ADVS.M/S. P.A.MOHAMMED SHAH, RENOY VINCENT, SHAHIR
SHOWKATH ALI, CHELSON CHEMBARATHY, ABEE SHEJIRIK FASLA
N.K., NANDA SURENDRAN, SAHAL SHAJAHAN, AQUIN KURUVILLA
TOM & M.N.MOHAMMED HUSSAIN
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
6
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM,
PIN - 695001.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION
OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION
OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
*4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD,
PIN-678001.(CORRECTED)
* THE ADDRESS OF THE FOURTH RESPONDENT IS CORRECTED AS
"DISTRICT ELECTION OFFICER, OFFICE OF THE DISTRICT
COLLECTOR, COLLECTORATE KOZHIKODE, PIN-673020." AS PER
ORDER DATED 18.11.2024 IN I.A.NO.1/2024 IN
WP(C).NO.39848/2024.
5 SECRETARY,
MUKKAM MUNICIPALITY, MUKKAM.P.O., KOZHIKODE DISTRICT,
PIN - 673602.
6 SECRETARY,
KODUVALLY MUNICIPALITY, KODUVALLY.P.O., KOZHIKODE
DISTRICT, PIN - 673572.
7 SECRETARY,
PAYYOLI MUNICIPALITY, PAYYOLI.P.O.,KOZHIKODE DISTRICT,
PIN - 673522.
8 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NDCC
BUILDING-II, JAISINGH ROAD,NEW DELHI, PIN - 110001.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
ADV. SRI. SURESH KUMAR KODOTH FOR R5
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
7
SRI. ACHUTH KRISHNAN R, CGC FOR R8
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
SMT.K.REEHA KHADER, SC
SRI.MUHAMMED SHAFI M., SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39894, 39810, 39939, 39989, 40460
AND 40592 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 39939 OF 2024
PETITIONERS:
1 GEO JACOB, AGED 49 YEARS,
S/O. VARKEY, PUTHUPPARAMBIL, CHEMPANTHOTTY P.O.,
KANNUR, PIN - 670631.
2 MOHANAN M. P., AGED 63 YEARS,
ADVOCATE, S/O. KRISHNAN, 'AKHILAM', KOOTTUMUGHAM P.O.,
KANNUR, PIN - 670631.
ADV. SRI. GEORGE POONTHOTTAM (SR.) ALONG WITH ADVS.M/S.
NISHA GEORGE, SIDHARTH.R.WARIYAR & FATHIMA AMREEN JAMAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL
SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 STATE DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, CIVIL STATION,
COLLECTORATE ROAD, KANNUR, PIN - 670002.
5 SREEKANDAPURAM MUNICIPALITY,
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
9
REPRESENTED BY ITS SECRETARY,SREEKANDAPURAM, KANNUR,
PIN - 670631.
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001.
SRI. ACHUTH KRISHNAN R. CGC FOR R6
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
SRI.T.V.JAYAKUMAR NAMBOODIRI, SC,
SRI.T.C.KRISHNA, SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39894, 39810, 39848, 39989, 40460
AND 40592 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 39989 OF 2024
PETITIONERS:
1 ANWAR ALI K., AGED 47 YEARS,
S/O MUHAMMED KUTTY, ARAFA HOME 8/4, CHUNGAM FEROKE,
KOZHIKKODE, PIN - 673631.
2 K.M. HANEEFA, AGED 46 YEARS,
S/O ACHAMU K.,PULLUNNIPPADAM HOUSE,
KARUVANTHURUTHI.P.O, FEROKE, KOZHIKKODE, PIN - 673631.
BY ADV. SRI. MUHAMED JUNAID V.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
*4 [DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD,
PIN - 678 001.] *CORRECTED
*THE ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS
"DISTRICT ELECTION OFFICER, OFFICE OF DISTRICT
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
11
COLLECTOR, COLLECTORATE, KOZHIKODE, PIN-673020." AS PER
ORDER DATED 18.11.2024 IN I.A.NO.1/2024 IN
WP(C).NO.39989/2024.
5 SECRETARY,
FEROKE MUNICIPALITY, FEROKE.P.O., KOZHIKODE DISTRICT,
PIN - 673602.
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NDCC
BUILDING-II, JAISINGH ROAD,NEW DELHI, PIN - 110001.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
SRI. P.A.MOHAMMED SHAH, SC FOR R5
SRI. ACHUTH KRISHNAN R., CGC FOR R6
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39894, 39810, 39848, 39939, 40460
AND 40592 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 40460 OF 2024
PETITIONER:
ABDUL HAKKIM RASI, AGED 43 YEARS,
S/O ABDUL SALAM, CHIRACKAL HOUSE, SANKARAMNAGALAM, CKM
COLONY, PATTAMBI, PALAKKAD, PIN - 679303.
BY ADVS. M/S.P.A.MOHAMMED SHAH, RENOY VINCENT,
SHAHIR SHOWKATH ALI, CHELSON CHEMBARATHY,
ABEE SHEJIRIK FASLA N.K, NANDA SURENDRAN,
SAHAL SHAJAHAN, AQUIN KURUVILLA TOM &
M.N.MOHAMMED HUSSAIN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM,
PIN - 695001.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION
OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD,
PIN - 678001.
5 SECRETARY,
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W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
13
PATTAMBI MUNICIPALITY,PATTAMBI.P.O., PALAKKAD DISTRICT,
PIN - 679303.
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
SHRI.A.HAROON RASHEED, SC
CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39894, 39810, 39848, 39939, 39989
AND 40592 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946
WP(C) NO. 40592 OF 2024
PETITIONERS:
1 E.P.SHAMSUDHEEN, AGED 57 YEARS,
S/O T P UMMER, DARUL FALAH, PALOTTUPALLY P.O.,
MATTANNUR, CHAVASSERY, KANNUR, PIN - 670702.
2 O.K.PRASAD KUMAR, AGED 44 YEARS,
S/O KUNHIRAMAN NAMBIAR, MANGALATHVAYAL, METTADI P.O.,
PORORACHAVASSERY, KANNUR, PIN - 670702.
BY ADVS. M/S.P.A.MOHAMMED SHAH, RENOY VINCENT,
SHAHIR SHOWKATH ALI, CHELSON CHEMBARATHY,
ABEE SHEJIRIK FASLA N.K, NANDA SURENDRAN,
SAHAL SHAJAHAN, AQUIN KURUVILLA TOM &
M.N.MOHAMMED HUSSAIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695033.
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION
OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION
OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, KANNUR, PIN
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
15
- 670002.
5 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001.
6 SECRETARY,
MATTANNUR MUNICIPALITY, MATTANNUR, KANNUR, PIN -
670702.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION
SMT. K.R.DEEPA, SPL. GOVERNMENT PLEADER
SRI.RAJAGOPALAN A., CGC FOR R5
SRI. P.V.ANOOP, SC FOR R6
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
2.12.2024, ALONG WITH WP(C).NOS.39894, 39810, 39848, 39939, 39989
AND 40460 OF 2024, THE COURT ON 18.12.2024 DELIVERED THE
FOLLOWING:
2024:KER:95921
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
16
MOHAMMED NIAS C. P. , J.
========================================
W. P. (C) Nos. 39894, 39810, 39848, 39939,
39989, 40460 & 40592 of 2024
========================================
Dated this the 18th day of December, 2024
JUDGMENT
These writ petitions are filed for a declaration that the Kerala Municipality
(Second Amendment) Act, 2024, and the Kerala Panchayat Raj (Second Amendment)
Act, 2024, dated 9-7-2024 is ultra vires the Constitution of India and the Kerala
Municipality Act, 1994, and the Kerala Panchayat Raj Act, 1994, in so far as it directs
delimitation without fulfilling the mandate of Section 6(2) of the Kerala Municipality
Act, 1994 and the Kerala Panchayat Raj Act, 1994. There is also a prayer to quash the
notification dated 10.9.2024 issued by the Government and also, the guidelines
issued by the State Delimitation Commission.
2. The petitioners in WP(C). No.39894/2024, residents of the 5 th respondent
Grama Panchayat, are aggrieved by Ext.P5 – Kerala Panchayat Raj (Second
Amendment) Act, 2024, Ext.P7, the notification increasing the number of wards in
the respondent Panchayat and consequent guidelines, Ext.P8 issued by the
3rd respondent Delimitation Commission under Section 10 of the Kerala Panchayat
Raj Act, 1994, to the extent Clause 2(d) provides delimitation based on the Census,
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W. P. (C) Nos. 39894, 39810, 39848, 39939,
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17
2011. It is the submission of the petitioners, that, the 5 th respondent Grama
Panchayat has already been subjected to a delimitation process in 2015 when a part
of Ward No.1 (Ori) was declared as a “smaller urban area” under Article 243B of the
Constitution of India and became part of Neeleswaram Municipality. The
3rd respondent had passed Ext.P4 delimitation order regarding the 5 th respondent
Panchayat fixing the number of revised wards as 15 and the entire exercise was
carried out based on the population data published from the Census 2011.
3. The petitioners essentially contend that the power to vary the number
of seats can be exercised by the Government only after proper ascertainment of the
actual population and the present attempt by amending Section 6(3) of the Kerala
Panchayat Raj Act, 1994, is to create a situation whereby the number of seats of the
Councillors shall be mandatorily varied, resulting in consequent delimitation. Thus,
contenting that Ext.P5 is an indirect attempt to do what is directly not permissible in
law and that, Ext.P8 guidelines providing for re-determination, fixing the boundaries
of the Panchayats across the State based on Census, 2011, which was carried out in
the 5th respondent Panchayat in the year 2015, the writ petitioners pray for
declaring Ext.P5 amendment as ultra vires and consequently, challenges Ext.P7
notification increasing the number of wards in the Panchayat from 15 to 16 and also,
challenging Ext.P8 guidelines for delimiting the wards, which proposes to carry out
re-determination of the boundaries of wards in all grama panchayats across Kerala
based on Census, 2011.
2024:KER:95921
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4. The petitioner in WP(C). No. 39810/2024 is a Councillor of Ward No.18 of
Panoor Municipality. It is stated that the said Municipality was formed in 2015 based
on the 2011 Census. The writ petition is accordingly filed for quashing Ext.P8
notification issued by the 1st respondent in so far it relates to Panoor Municipality
and also, to quash all other proceedings pursuant to Ext.P10 to the extent it related
to the Panoor Municipality again on similar grounds as in the above referred writ
petition.
5. The petitioners in WP(C). No.39848/2024, residents of respondents 5 to 7
Municipalities, namely, Mukkam Municipality, Koduvally Municipality and Payyoli
Municipality in Kozhikode District, challenge the Kerala Municipality (Second
Amendment) Act, 2024 (Ext.P9), Ext.P10 notification increasing the number of wards
in respondents 5 to 7 Municipalities and also, Ext.P11 consequential guidelines
issued by the Delimitation Commission under Section 69 of the Kerala Municipality
Act, to the extent of providing for delimitation to be carried out based on the
Census, 2011. In this case, also, the contention is that respondents 5 to 7
Municipalities were already subjected to a delimitation process in the year 2015 and
were converted as Municipalities based on the 2011 Census and that, Exts.P3 to P5
final delimitation orders were passed fixing the number of revised wards in those
Municipalities based on Census, 2011.
6. The petitioners in WP(C). No.39939/2024 are residents of 5 th respondent
Sreekandapuram Municipality challenging the Kerala Municipality (Second
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Amendment) Act, 2024, the notification increasing the number of wards and the
consequential guidelines issued by the Delimitation Commission to the extent it
provides for delimitation exercise to be carried again on the strength of Census 2011,
as they contend that the 5th respondent Municipality was already subjected to
delimitation process in 2015 when it was converted into a Municipality. Since a
second delimitation process based on the same census data is illegal, relief is sought
to declare the Kerala Municipality (Second Amendment) Act, 2024 as ultra vires to the
Constitution of India.
7. The petitioners in WP(C). No. 39989/2024 challenges the Kerala
Municipality (Second Amendment) Act, 2024, the notification and the consequential
guidelines issued by the Delimitation Commission directing delimitation of wards
based on the Census, 2011. The contention is that the respondent Feroke
Municipality had already undergone a delimitation process in the year 2015
following which it was converted as a Municipality and the boundaries and number
of wards were fixed as 38 in the final delimitation order (Ext.P3) based on Census,
2011. As the Municipality had already undergone delimitation in 2015 based on the
2011 Census, the attempt to re-determine the boundaries and wards based on the
same data is attacked as illegal.
8. The petitioner in WP(C). No. 40460/2024 is a resident of the
5th respondent Pattambi Municipality which was previously a Panchayat and
converted as a Municipality in 2015. Contending that the Kerala Municipality
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(Second Amendment) Act, 2024, so far it amends Section 6(3) of the Act increasing
the number of wards and resulting in a delimitation exercise in a Municipality,
which has already undergone a change in the number of wards in 2015 based on 2011
Census, similar prayers on similar grounds are made.
9. The petitioners in WP(C). No.40592/2024, who are the residents of the
6th respondent Mattanur Municipality submit that the Municipality had undergone
delimitation in the year 2017 based on the 2011 Census and a repeated delimitation
based on the same census is illegal. It is also their argument that since the Central
Government has announced the census, in 2025, and the next election to the
Municipality is only to take place in 2027, the current attempt to vary the strength
of wards is illegal. Based on the above contentions, the amendment to the Act, the
notification increasing the number of wards and the guidelines to carry out the
delimitation of wards are challenged in this writ petition.
10. The learned counsel for the petitioners argued, on the basis of Article
243P(g) of the Constitution of India, that population as far as a local authority is
concerned can be only the figures obtained in the last preceding census which is
published. Relying on Section 6 of the Kerala Municipality Act, 1994, it is the
argument of the learned Senior counsel, Sri. George Poonthottam, instructed by
Sri.Sidharth R.Wariyar, learned counsel appearing for the petitioner in WP(C)
No.39939/2024, Sri.Mohammed Shah, learned counsel for the petitioners in
WP(C).Nos.39894, 39848, 40460 and 40592 of 2024, Sri.R.Surendran, learned counsel
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for the petitioner in WP(C). No.39810/2024 and Sri. Muhamed Junaid V. learned
counsel for the petitioner in WP(C). No.39989/2024, that, new municipalities were
constituted in the year 2015 based on the 2011 Census which is the last preceding
Census. As such, invoking the power under Section 6(2) of the Kerala Municipality
Act, the total number of seats can be varied only based on the next census and not
otherwise. It is further argued that a delimitation exercise, contemplated under
Section 69 of the Kerala Municipality Act, can also be done only if a variation in the
total number of seats as provided under Section 6 of the Kerala Municipality Act
happens.
11. The petitioners argue that the intention behind Article 243C as well as
Sections 10 and 69 of the Panchayat Raj Act and Municipality Act respectively is to
ensure equal representation and equal allocation of resources and it is for achieving
the said objective that Section 6(2) of the respective Acts mandate publication of
relevant data of the last Census to ascertain the population. The act of the
Government through the Amendment Act to forcefully invoke the delimitation
process even without complying with the requirement under Section 6(2) is
challenged as being an indirect attempt to do what is directly not possible. It is also
argued that the stand of the Government, in 2015 there was no delimitation and
what was done was only on account of urbanisation, is wrong as in at least 8
municipalities, the number of wards has remained unchanged. It is also pointed out
that an amendment was attempted in the previous year, which, through judgment
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dated 23.6.2020 in WP(C). No.6514/2020 and connected cases (Ext.P7 in WP(C).
No.39939/2024), were not carried out recording the stand of the Government that since
there is no change in the strength of Municipalities and Municipal Corporations
notified by the Government under Section 6 of the Kerala Municipality Act, 1994, it is
not incumbent on the State Delimitation Commission to undertake the task of
delimitation of constituencies of Local Self Government Institutions in Kerala and
now the same is being attempted indirectly.
12. Opposing the prayers in the writ petitions, learned Special Government
Pleader, Smt.K.R.Deepa, argues that the exercise carried out at the time of the
formation of Municipalities in the year 2015 was on the basis of urbanisation and
those formations, though were made on the basis of 2011 Census, the Census alone
was not the criteria for undertaking the exercise of formation/re-constitution of the
local bodies at that point of time. Accordingly, the submission is that it was not the
power under Section 6(2) that was invoked in 2015. It is submitted that the power of
the Government to fix the total number of seats and the power of the Delimitation
Commission to rearrange the wards in terms of the exercise carried out by Section 6
is not in dispute. It is submitted that the number of seats is increased in this case
taking into account the increase in the population, whereby the wards have been
increased, resulting in more Councillors representing fewer citizens.
13. Smt.K.R.Deepa, also argues that Section 6(3) was amended in 2024 using
the legislative power conferred on the Legislature of the State under Part IX of the
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Constitution. In 2015, only a few local bodies had undergone delimitation.
The reason for this was not the increase in the population or the Census in the year
2011, but the urbanisation. In all other local bodies, the delimitation of Wards was
done in 2010 based on the Census in 2001 and thereafter no delimitation was done
based on the 2011 census. Section 6(3) of the Kerala Panchayat Raj Act, 1994, and the
Kerala Municipality Act, 1994, were not amended in 2015 when the delimitation was
done. The local body elections are to be conducted in 2025 and the next census may
be in 2026 or afterwards. So, to reduce the ratio between the population and the
number of Councillors for administrative convenience, sub-section (3) of Section 6 is
amended using the power conferred on the State Government as per Part IX of the
Constitution. Even in the case of local bodies in which the delimitation is done in
2015, nine years have elapsed and there is a considerable increase in the population.
So, the amendment will be beneficial to the people residing in those local bodies
also. The power of legislation in respect of the local bodies is conferred to the State
Legislature under the Constitution and is not restricted by any provisions of the Act
as it is an independent power.
14. The learned counsel, Sri. Deepu Lal Mohan, appearing for the State
Delimitation Commission, argues that the powers under Sections 6(1) and 6(2) are
entirely different. Section 6(1) also gives the power to vary the total number of seats
just as Section 6(2) which is the power based on the figures published in a census. He
also argues that if the interpretation suggested on behalf of the petitioners is
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accepted, then the power granted to the Government under Section 4 for the
formation/re-constitution of a new local authority will be frustrated and no
argument that defeats one of the provisions in the statute should be accepted. It is
also argued that as far as the municipalities that were not re-constituted in 2015, the
invocation of power by the Government on the Delimitation Commission cannot be
said to be bad as those wards were fixed based on the 2001 Census and therefore, the
argument that since the 2011 Census has been used for determining the number of
wards, the Government will have to wait till the next census, does not apply to those
panchayats or municipalities which were formed before 2015, for which the 2011
Census was not used.
15. Heard learned Counsel appearing on both sides and perused the
records.
16. The petitioners’ challenge is based on the argument that the
delimitation process, utilising the 2011 Census data, has already been carried out in
the respondent Panchayats and Municipalities. The fixation of strength under
Section 6(3) using the 2011 Census data satisfies the legislative intent as reflected in
Section 69 of the Kerala Municipality Act. Therefore, initiating a fresh delimitation
process, particularly when the next Census is scheduled for 2025, is alleged to be
arbitrary, unnecessary, and financially burdensome on the exchequer. The
arguments, as stated above, revolve around whether Ward delimitation can be
carried out based on the very same Census data twice and whether the power under
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Section 6(1) can be used more than once after the formation/reconstitution of a
Municipality/Panchayat, as the case may be.
17. The question in all these cases relating to the interpretation of Sections
4, 6 and 69 of the Kerala Municipality Act and the corresponding provisions in the
Kerala Panchayat Raj Act, has to be considered in the background of the
Constitutional provisions in Article 243. Part IX of the Constitution concerns
Panchayats and Part IXA concerns Municipalities. As far as Municipalities are
concerned, the provisions relevant herein are Article 243P and Article 243Q, which
are reproduced below:
‘243P. Definitions.–
In this Part, unless the context otherwise requires,–
(a) “Committee” means a Committee constituted under Art.243S;
(b)”district” means a district in a State;
(c) “Metropolitan area” means an area having a population of ten lakhs or more,
comprised in one or more districts and consisting of two or more Municipalities or
Panchayats or other contiguous areas, specified by the Governor by public notification
to be Metropolitan area for the purposes of this Part;
(d)”Municipal area” means the territorial area of a Municipality as is notified by the
Governor;
(e) “Municipality” means an institution of self-government constituted under Art.243Q;
(f) “Panchayat” means a Panchayat constituted under Art.243B;
(g)”population” means the population as ascertained at the last preceding census of
which the relevant figures have been published.’‘243Q. Constitution of Municipalities.–
(1) There shall be constituted in every State–
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an
area in transaction from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area,
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26in accordance with the provisions of this Part:
PROVIDED that a Municipality under this clause may not be constituted in
such urban area or part thereof as the Governor may, having regard to the size of the area
and the municipal services being provided or proposed to be provided by an industrial
establishment in that area and such other factors as he may deem fit, by public notification,
specify to be an industrial township.
(2) In this article, “a transitional area”, “a smaller urban area” or “a larger urban area”
means such area as the Governor may, having regard to the population of the area, the
density of the population therein, the revenue generated for local administration, the
percentage of employment in non-agricultural activities, the economic importance or such
other factors as he may deem fit, specify by public notification for the purposes of this Part.’Article 243P(d) defines ‘Municipal area’ as the territorial area of a Municipality as
notified by the Governor and Article 243P(e) defines ‘Municipality’. Article 243P(g)
gives the meaning of the ‘population’ as follows:
” “population” means the population as ascertained at the last preceding census of which
the relevant figures have been published.”
18. The relevant provisions of the Kerala Municipality Act, 1994, are
extracted below:
“4. Constitution, alteration and conversion of Municipalities.– (1) The Government
shall, by notification in the Gazette, constitute with effect from such date as specified in
the notification,-
(a) a “Town Panchayat” for a transitional area;
(b) a “Municipal Council” for a smaller urban area; and
(c) a “Municipal Corporation” for a larger urban area, and specify the names of
such Municipalities.
(2) The Government may, by notification-
(a) exclude any Municipal area from the operation of this act; or
(b) exclude from a municipal area comprised therein and defined in the
notification; or
(c) divide any municipal area into two or more municipal areas; or
(d) unite two or more municipal areas; or
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(e) unite the territorial area of a Panchayat geographically lying
adjacent to a Municipal area, with the Municipality; or
(f) convert a Village Panchayat into a Town Panchayat or a Municipal
Council; or
(g) convert a Town Panchayat into a Municipal Council; or
(h) convert a Municipal Council into a Municipal Corporation:
Provided that, before issuing such a notification the requirements under
Article 243Q and sub-section (1) shall be fulfilled and the suggestions and opinions of the
Village Panchayat or Town Panchayat or Municipal Council or Municipal Corporation
concerned, shall be considered.
Provided further that any notification issued under this sub-section shall
not be brought into force except in such a way as to coincide with the expiry of the term
of the existing Municipal Council or Village Panchayat in that territorial area.”
Section 6 of the Kerala Municipality Act, 1994, reads as follows:
“6. Constitution of Council.– (1) The Government shall, in accordance with the criteria
specified in sub-section (3), notify the total number of seats of the Councillors to be filled
up by direct election in a Town Panchayat, Municipality and Municipal Corporation
considering the population of the area of the Municipality concerned.
(2) The Government may, after publishing the relevant data according to each
census, vary the total number of seats of Councillors in a Municipality notified under sub-
section (1) subject to the criteria specified in sub-section (3).
(3) The number of seats of Councillors notified under sub-section (1) or sub-
section (2), shall be,–
(a) In the case of a Town Panchayat or a Municipal Council,–
(i) Twenty-five, where the population in the area of the Town Panchayat or
Municipal Council does not exceed twenty thousand, and
(ii) Where the population of the Town Panchayat or Municipal Council exceeds
twenty thousand, twenty-five councillors for the population of first twenty
thousand, and one each for every two thousand and five hundred of the
population exceeding twenty thousand, subject to a maximum of fifty-two
Councillors;
(b) In the case of a Municipal Corporation,–
(i) fifty-five, where the population in the area of the Municipal Corporation
does not exceed four lakhs, and
(ii) Where the population exceeds four lakhs, fifty-five councilors for the
population of first four lakhs and one each for every ten thousand exceeding four
lakhs subject to a maximum of one hundred Councillors.
(4) The Councillors of every Municipality shall be elected by direct election.
(5) Specified seats shall be reserved for the Scheduled Castes and the Scheduled
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28Tribes in every Municipality. The number of seats to be reserved in a Municipality shall be
determined by the Government. The number of seats so reserved shall bear, as nearly as
may be, the same proportion to the total number of seats to be filled by direct election in
that Municipality as the population of the Scheduled Castes in the municipal area or of the
Scheduled Tribes in the municipal area bears to the total population of that area and such
seats may be allotted by rotation to different wards in a Municipality as the State Election
Commission or an officer authorised by it may, determine for each general election:
Provided that where the population of the Scheduled Castes or the Scheduled
Tribes in a municipal area is not sufficient to make them eligible for the reservation of any
seat, one seat shall be reserved in that Municipality for the Scheduled Castes or the
Scheduled Tribes having higher population.
(6) Fifty per cent (in the case of fraction, it shall be fixed to the next higher integer)
of the total number of seats reserved under sub-section (5) shall be reserved for women
belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes:
Provided that where the number of seats reserved for the Scheduled Castes or
as the case may be, the Scheduled Tribes under sub-section (5) is only one, that seat need
not be reserved for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(7) Fifty per cent (in the case of fraction, it shall be fixed to the next higher integer)
(including the number of seats reserved for women belonging to the Scheduled Castes and
Scheduled Tribes) of the total number of seats to be filled by direct election in every
Municipality shall be reserved by the Government for women and such seats may be
allotted by rotation to different wards in a Municipality as the State Election Commission
or an officer authorised by it may, by notification in the Gazette, determine for each
general election.
(8) Nothing contained in sub-sections (5) to (7) shall be deemed to prevent persons
belonging to the Scheduled Castes, Scheduled Tribes or Women from being a candidate to
the election to the unreserved seats in a Municipality.
(9) The officer authorised in this behalf by the State Election Commission shall, by
draw of lots, determine the wards to which seats reserved for Scheduled Castes and
Scheduled Tribes under sub-section (5) and for Women under sub-sections (6) and (7) are
to be allotted by rotation at such time and on such date and at such place as may be
notified by the Commission.
(10) Immediately after deciding the reserved wards under sub-section (9), the State
Election Commission shall notify the list of wards so reserved, in the manner prescribed.”
Section 69 of the Kerala Municipality Act, 1994, reads as follows:
“69. Division of Municipalities into wards for election, reservation etc.–(1) For the
purpose of election of Councillors to Municipalities, the Delimitation Commission constituted
by Government under sub-section (1) of Section 10 of the Kerala Panchayat Raj Act, 1994, shall,
after previous publication of the proposals inviting objections or suggestions, if any and after
considering the same, divide the Municipalities into as many wards as there are number of
seats as notified under section 6 and determine the boundaries thereof:
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29Provided that the population of each ward in a Municipality shall, as far as
practicable, be equal.
(2) Copies of the proposals published and final orders issued under sub-section(1)
shall be published by affixing copies thereof on the notice board of the office of the
Municipality concerned, and in such conspicuous places within the concerned municipal area.
The fact of such publication shall be published in the Gazette and in two local newspapers
having wide circulation within the municipal area concerned.
(2A) Every order issued by the Delimitation Commission with regard to the
division of wards and the determination of their boundaries under this section shall be
published in the Gazette and it shall have the force of law.
(3) Only one Councillor shall be elected for each ward and election shall be by
secret ballot.
(4) A person whose name has been included in the electoral roll of a ward shall be
entitled to vote in an election to that ward.
(5) No delimitation of wards or change of wards for the purpose of reservation
shall be made in a Municipality after its constitution except for the purpose of general election
to that Municipality and no such delimitation or change of wards shall, in any manner, affect
the existing Municipality.”
19. Sections 6 and 10 of the Kerala Panchayat Raj Act, 1994, read as
follows:
“6. Strength of Panchayats. – (1) The total number of seats in a Village Panchayat, a
Block Panchayat and a District Panchayat to be filled by direct election shall be notified
by the Government in accordance with the scale specified in sub-section (3) with reference
to the population of the territorial area of the panchayat concerned.
(2) The Government may after, publication of the relevant figures of each census, by
notification alter the total number of seats in a Panchayat notified under sub-section (1)
subject to the scale specified in sub-section (3).
(3) The number of seats to be notified under sub-section (1) or sub-section (2) shall not, –
(a) in these case of Village Panchayat, be less than thirteen or more than
twenty-three;
(b) in these case of a Block Panchayat, be less than thirteen or more than
twenty-three;
(c) in these case of a District Panchayat, be less than sixteen or more than
thirty-two;
Provided that the ratio between the population of the territorial area of a Panchayat at
any level and the number of seats in such Panchayats to be filled by election shall, so far as
practicable, be the same throughout the State.
(4) The procedure for fixing the strength of a Panchayat shall be such as may be
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prescribed.
xxxx xxxx xxxx xxxx
10. Division of Panchayats into constituencies. – (1) The Government shall by
notification in the Gazette, constitute a Delimitation Commission consisting of the State
Election Commission as the Chairman and four Officers, not below the rank of Secretary to
Government, as members. The said Delimitation Commission shall, as soon as may be after
fixing the strength of a Panchayat at any level under section 6 and after determining the
number of seats to be reserved for Scheduled Castes, Schedules Tribes and for Women, —
(a) divide every Panchayat into as many constituencies as there are seats and fix
the boundaries of such constituencies:
Provided that the population of each constituency shall, as far as practicable, be the
same throughout the Panchayat area:
Provided further that where the territorial area of a Block Panchayat is divided into
constituencies, the boundaries of such constituencies shall not divide any constituency of
any Village Panchayat and where the territorial area of a District Panchayat is divided
into constituencies the boundaries of such constituencies shall not divide any
constituency of any Village Panchayat or of any Block Panchayat, into more than one
division.
(1A) The officers for the functioning of the Delimitation Commission, procedure for the
conduct of meeting including quorum and other related matters shall be such, as may be
prescribed.
(1B) The State Election Commission or the officer authorised by it in this behalf shall, on
determination by the Government of the number of seats to be reserved, earmarked and
constituency or constituencies to be reserved for Schedules Castes, Schedules Tribes or
Women.
(2) The Delimitation Commission shall, –
(a) publish the proposal of the Delimitation Commission in respect of the matters
mentioned in clause (a) of sub-section (1), with a notice specifying the date on or after
which the proposals will be considered by it and by inviting objections and suggestions
with respect to the proposals before a date specified in the notice, by affixing copies
thereof on the notice board of the Office of the Panchayat concerned and in such
conspicuous places within the Panchayat area concerned;
(b) publish in the Gazette and in any two local newspapers having wide circulation within
the Panchayat area concerned the fact of publication under clause (a);
(c) consider all objections and suggestions that may have been received by the
Delimitation Commission before the date so specified; and
(d) delimit the constituencies.
(2A) The officer authorised by the State Election Commission in this behalf shall
determine, as to which constituency, the constituencies reserved for Scheduled Castes,
Schedules Tribes or Women shall be allotted according to rotation, by draw of lots at the
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31time, date and place fixed by the Commission in this behalf, by notification.
(2B) After the draw of lots under sub-section (2A), the State Election Commission or the
officer authorised by it shall issue an order determining the constituency reserved for the
Scheduled Castes, Scheduled Tribes or Women.
(3) An order made by the State Election Commission or the officer authorised by it or the
Delimitation Commission shall not be called in question in any Court of law.
(3A) Every order issued by the Delimitation Commission with regard to the delimitation of
constituencies under this section shall be published in the gazette and shall have the force
of law.
(4) The Delimitation Commission shall furnish free of cost three copies each of the
proposals published and the final orders issued under sub-section (2) to the committees at
the Panchayat level concerned of all political parties having representation in the
Legislative Assembly and copies of such orders shall also be made available for sale, at the
price fixed by the Delimitation Commission, to all the public who require them.”
20. In 2015, the 1st respondent used their authority under Articles 243P
and 243Q of the Constitution to designate certain areas of existing Grama
Panchayats and Municipalities as ‘Smaller Urban Areas’ and ‘Larger Urban Areas’
through G.O.(P) No. 145/2015/LSGD. Population data is essential for determining the
number of seats, as outlined in Chapters IX and IXA of the Constitution and the
relevant State laws. The petitioners claim that any increase in seats must comply
with Constitutional and statutory requirements; otherwise, it would lead to an
unauthorised delimitation.
21. Part IX and Part IXA of the Constitution of India concern the
Panchayats and Municipalities. ‘Population’ as defined in Article 243P(g) means the
population obtained at the last preceding census of which the relevant figures have
been published. The crucial importance of ascertaining the population is, thus, clear
from the Constitutional provisions referred to above. Section 4 of the Kerala
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Municipality Act provides for the constitution, alteration and conversion of
Municipalities giving power to the Government to exclude any municipal area from
the operation of the Act, divide any municipal area into two or more municipal
areas, unite two or more municipal areas, unite the territorial area of a Panchayat
geographically lying adjacent to a Municipal area with the Municipality or to
convert a Village Panchayat into Town Panchayat or a Municipal Council or to
convert a Town Panchayat into a Municipal Council or to convert Municipal Council
into a Municipal Corporation. These powers of the Government, therefore, relate to
the constitution/formation of a new Panchayat. Upon the Government exercising
the power under Section 4, the Government is given the power under Section 6 of
the Kerala Municipality Act to notify the total number of seats of the Councillors to
be filled up considering the population of the area of the Municipality concerned.
Such fixation under Section 6(1) is again based on the population.
22. After such fixation, the only manner in which the total number of seats
could be varied is under Section 6(2) which gives the Government the power, after
publication of the relevant data according to each census, to vary the total number
of seats. Sub-section (3) of Section 6 only speaks about a criteria for ascertaining the
number of seats and therefore, only a methodology to be applied whenever the total
number of seats is notified either under Section 6(1) or Section 6(2). The parallel
provisions in the Kerala Panchayat Raj Act, namely, Section 6 also give the power to
the Government to notify the total seats and after the publication of the relevant
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figures of each Census to alter the total number of seats in a Panchayat. In case an
exercise is carried out either under Section 6(1) or Section 6(2), the power to alter is
given by Section 6(2) of the Kerala Panchayat Raj Act. Thus, a reading of Sections
4 and 6 of the Kerala Municipality Act and Section 6 of the Kerala Panchayat Raj Act,
clearly reveals that the power under Section 6(1) is exercised on the
constitution/formation of the local body.
23. When such fixation is made under Section 6(1) on the formation of a
Municipality/Panchayat, for it to be either varied or altered, the same can be done
only under Section 6(2) of the respective Acts, which in turn has to be based on the
figures published in the relevant Census. Crucially, both Sections 6(2) emphasize
that any changes to the total number of seats can occur only after the publication of
the latest Census figures, indicating that delimitation must rely on current data.
Conducting a delimitation process using outdated or previously utilized data
undermines the validity of the exercise and contradicts Section 6(2) of the Act.
Additionally, “population” as defined in Section 2 (xxix) of the Kerala Panchayat Raj
Act, 1994, refers specifically to the population from the most recent officially
published Census. This is echoed in Article 243P(g) of the Constitution. Thus, the
contention of the Government and the Delimitation Commission, that, they have
power both under Section 6(1) and Section 6(2) to vary the seats and they are
independent and distinct powers, cannot be accepted, as such an interpretation
would completely negate the effect of Section 6(2) which alone is the power to alter
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or vary given under the respective Acts. If such an interpretation is given, the
Government will have the power to vary the number of seats even without a Census
being published in the manner known to law. However, the power of the
Government to constitute, alter or convert the Municipalities under Section 4 of the
Municipality Act, is independent of Section 6 (2) and can be exercised at any time,
subject to the requirements of law. The Delimitation Commission comes into the
picture only after the total number of seats are notified either under Section 6(1) or
Section 6(2) of the Act is carried out and not before.
24. In the instant case, it is admitted that the local bodies, that are the
subject matter of the writ petitions, were formed in the year 2015 using the Census
data of the year 2011. Given the undisputed scenario, for the invocation of the power
of the Government to vary the total number of seats, the only power available is
under Section 6(2) of the respective Acts which gives the power to vary or alter, as
the case may be. It goes without saying that the power granted under Section 6(2),
namely, to vary or alter, presupposes an existing fixation on the total number of
seats. It is the existing total number of seats that can be varied or altered under
Section 6(2). Amendment to Section 6(3) alters/varies the number of seats, which
effectively changes the geographical limits of the Wards. Such variations in the
number of seats or geographic boundaries must be based on population data. Any
other interpretation given to either Section 6(1) or Section 6(2) would at least make
one nugatory. It is an elementary principle of interpretation that a statute must be
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read as a whole and the provisions have to be construed to give effect to all them.
25. In that view of the matter, the amendment made to Section 6(3) of the
Act by increasing the number of seats cannot be made applicable to those
Panchayats/Municipalities regarding which a delimitation exercise was carried out
in 2015 based on the 2011 Census by the Government by invoking the power under
Section 4 read with Section 6(1) of the Acts. Consequently, the Kerala Municipality
(Second Amendment) Act, 2024, the Kerala Panchayat Raj (Second Amendment) Act,
2024, the notification issued by the Government dated 10.9.2024 and the guidelines
issued by the Delimitation Commission dated 24.9.2024, insofar as it relates to the
Panchayats/Municipalities, namely, Padne Grama Panchayat, Panoor Municipality,
Mukkom Municipality, Koduvally Municipality, Payyoli Municipality,
Sreekandapuram Municipality, Feroke Municipality, Pattambi Municipality and
Mattannur Municipality, are declared to be inoperative and invalid. Consequently,
the delimitation exercise carried out in the above-mentioned local authorities is also
declared to be illegal.
The Writ Petitions are allowed as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
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APPENDIX OF WP(C).NO.39894/2024
PETITIONERS’ EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE G.O. (P) NO. 145/2015/LSGD
DATED 30.04.2015 ISSUED BY THE 1ST RESPONDENTEXHIBIT P2 A TRUE COPY OF THE GOVERNMENT ORDER (P) NO.
147/2015/LSGD DATED 20.04.2015 ISSUED BY THE 1ST
RESPONDENTEXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 05.08.2015
PASSED IN W.P. (C) NO. 15669/2015EXHIBIT P4 A TRUE COPY OF THE FINAL DELIMITATION ORDER DATED
07.09.2015 PASSED BY THE 3RD RESPONDENT WITH
RESPECT TO THE 5TH RESPONDENT GRAMA PANCHAYATEXHIBIT P5 A TRUE COPY OF THE AMENDMENT ACT, 2024 DATED
09.07.2024EXHIBIT P6 A TRUE COPY OF THE KERALA PANCHAYAT RAJ (FIXING OF
STRENGTH) AMENDMENT RULES, 2024 DATED 01.09.2024EXHIBIT P7 THE TRUE COPY OF RELEVANT PAGES OF NOTIFICATION
NO. LSGD/PD/24269/2024-EER1 DATED 06.09.2024
ISSUED BY THE 1ST RESPONDENTEXHIBIT P8 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENTEXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 23.09.2024
ADDRESSED TO THE DIRECTOR (RURAL), LSGD AND TO THE
1ST AND 2ND RESPONDENTS
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37APPENDIX OF WP(C).NO.39810/2024
PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LIST OF COUNCILLORS OF PANOOR
MUNICIPALITY PUBLISHED IN THE WEBSITE OF THE FIRST
RESPONDENTEXHIBIT P2 A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE FIFTH
RESPONDENT TO THE PETITIONEREXHIBIT P3 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS G.O.(P)
NO.151/2015/ LSGD DATED 30-4-2015EXHIBIT P4 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS G.O.(P)
NO.153/2015/ LSGD DATED 30-4-2015EXHIBIT P5 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS G.O.(P)
NO.164/2015/ LSGD DATED 11-5-2015EXHIBIT P6 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS G.O.(P)
NO.20/2020/ LSGD DATED 26-2-2020EXHIBIT P7 A TRUE COPY OF GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS G.O.(P)
NO.44/2020/ LSGD DATED 5-6-2020EXHIBIT P8 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS GO(P) NO.
49/2024/LSGD DATED 10-9-2024EXHIBIT P9 A TRUE COPY OF THE KERALA MUNICIPALITY (SECOND
AMENDMENT) ACT, 2024 (ACT NO.14 OF 2024)EXHIBIT P10 A TRUE COPY OF THE GUIDELINES ISSUED BY THE THIRD
RESPONDENT ON 24-09-2024
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38APPENDIX OF WP(C).NO.39848/2024
PETITIONERS’ EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE GUIDELINE ISSUED BY THE 3RD
RESPONDENT FOR DELIMITATION OF MUNICIPALITIES DATED
18.04.2015EXHIBIT P2 THE TRUE COPY OF THE ORDER NO. SDC 249/2015 DATED
30.05.2015 WITH RESPECT TO THE 5TH RESPONDENT
MUNICIPALITYEXHIBIT P3 THE TRUE COPY OF THE ORDER NO. SDC 248/2015 DATED
30.05.2015 WITH RESPECT TO THE 6TH RESPONDENT
MUNICIPALITYEXHIBIT P5 THE TRUE COPY OF THE ORDER NO. SDC 246/2015 DATED
30.05.2015 WITH RESPECT TO THE 7TH RESPONDENT
MUNICIPALITYEXHIBIT P6 A TRUE COPY OF ACT 3 OF 2020, NOTIFIED ON 18.02.2020
EXHIBIT P4 A TRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD DATED
30.04.2015EXHIBIT P7 THE TRUE COPY OF THE NOTIFICATION DATED 26.02.2020
ISSUED BY THE 1ST RESPONDENT UNDER SECTION 6(2)
DETERMINING THE NUMBER OF WARDS SUBSEQUENT TO THE
AMENDMENTEXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020 PASSED
IN WP(C) NO. 6514/2020 AND CONNECTED CASESEXHIBIT P9 A TRUE COPY OF THE KERALA MUNICIPALITY (AMENDMENT)
ACT, 2024 PASSED ON 09.07.2024EXHIBIT P10 A TRUE COPY OF THE NOTIFICATION NO. 813/2024 DATED
10.09.2024EXHIBIT P11 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENTEXHIBIT P12 A TRUE COPY OF ORDER NO. S.D.C.249/2015 DATED
07.09.2015 ISSUED BY THE 3RD RESPONDENT FIXING THE
NUMBER OF WARDS IN THE 5TH RESPONDENT MUNICIPALITY
TO 33
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39EXHIBIT P13 A TRUE COPY OF ORDER NO. S.D.C.248/2015 DATED
07.09.2015 ISSUED BY THE 3RD RESPONDENT FIXING THE
NUMBER OF WARDS IN THE 6TH RESPONDENT MUNICIPALITY
TO 36EXHIBIT P14 A TRUE COPY OF ORDER NO. S.D.C.246/2015 DATED
07.09.2015 ISSUED BY THE 3RD RESPONDENT FIXING THE
NUMBER OF WARDS IN THE 7TH RESPONDENT MUNICIPALITY
TO 36
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40APPENDIX OF WP(C).NO.39939/2024
PETITIONERS’ EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD
DATED 30.04.2015EXHIBIT P2 A TRUE COPY OF THE GUIDELINE ISSUED BY THE 3RD
RESPONDENT FOR DELIMITATION OF MUNICIPALITIES
DATED 18.04.2015EXHIBIT P3 THE TRUE COPY OF THE DRAFT NOTIFICATION NO. SDC
257/2015 DATED 30.05.2015 WITH RESPECT TO THE 5TH
RESPONDENT MUNICIPALITYEXHIBIT P4 TRUE COPY OF THE FINAL ORDER ALSO NUMBERED SDC
257/2015 DATED 07.09.2015EXHIBIT P5 A TRUE COPY OF ACT 3 OF 2020, NOTIFIED ON
18.02.2020EXHIBIT P6 THE TRUE COPY OF THE NOTIFICATION DATED 26.02.2020
ISSUED BY THE 1ST RESPONDENT UNDER SECTION 6(2)
DETERMINING THE NUMBER OF WARDS SUBSEQUENT TO THE
AMENDMENTEXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020
PASSED IN WP(C) NO. 6514/2020 AND CONNECTED CASESEXHIBIT P8 A TRUE COPY OF THE KERALA MUNICIPALITY (SECOND
AMENDMENT) ACT, 2024 PASSED ON 09.07.2024EXHIBIT P9 A TRUE COPY OF THE NOTIFICATION NO. 813/2024 DATED
10.09.2024EXHIBIT P10 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENTEXHIBIT P11 TRUE COPY OF THE CLARIFICATION NO. SDC/30/2024SDC7
DATED 30.102024 ISSUED BY THE 3RD RESPONDENT.
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APPENDIX OF WP(C).NO.39989/2024
PETITIONERS’ EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD
DATED 30.04.2015EXHIBIT P2 A TRUE COPY OF THE GUIDELINE ISSUED BY THE 3RD
RESPONDENT FOR DELIMITATION OF MUNICIPALITIES
DATED 18.04.2015EXHIBIT P3 THE TRUE COPY OF THE ORDER NO. SDC 885/2015 DATED
18.06.2015 WITH RESPECT TO THE 5TH RESPONDENT
MUNICIPALITY FIXING THE NUMBER OF WARDS AS 38EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020
PASSED IN WP(C) NO. 6514/2020 AND CONNECTED CASESEXHIBIT P5 A TRUE COPY OF THE KERALA MUNICIPALITY (AMENDMENT)
ACT, 2024 PASSED ON 09.07.2024EXHIBIT P6 A TRUE COPY OF THE NOTIFICATION NO. 813/2024 DATED
10.09.2024EXHIBIT P7 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
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42APPENDIX OF WP(C).NO.40460/2024
PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD
DATED 30.04.2015EXHIBIT P2 THE TRUE COPY OF THE ORDER NO. SDC 239/2015 DATED
30.05.2015 WITH RESPECT TO THE 5TH RESPONDENT
MUNICIPALITY, FIXING THE NUMBER OF WARDS AS 28EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020
PASSED IN WP(C) NO. 6514/2020 AND CONNECTED CASESEXHIBIT P4 A TRUE COPY OF THE KERALA MUNICIPALITY (AMENDMENT)
ACT, 2024 PASSED ON 09.07.2024EXHIBIT P5 A TRUE COPY OF THE NOTIFICATION NO. 813/2024 DATED
10.09.2024EXHIBIT P6 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
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43APPENDIX OF WP(C).NO.40592/2024
PETITIONERS’ EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO. D-2/2017/SDC DATED
16.03.2017 PASSED BY 3RD RESPONDENTEXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 26.02.2020
EXHIBIT P3 TRUE COPY OF THE KERALA MUNICIPALITY (AMENDMENT)
ACT, 2024 PASSED ON 09.07.2024EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO. 813/2024 DATED
10.09.2024EXHIBIT P5 TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
