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1995 Supreme(Ker) 214

M.M.PAREED PILLAY, P.SHANMUGAM
Balachandran – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Pareed Pillay, C.J.

Appellant is the petitioner in O.P.No. 12458 of 1995. He filed the original petition challenging Ext. P1 notice issued by the 4th respondent. Appellant is a member of the Administrative Committee of Elamad Panchayat. Appellant has submitted Ext. P2 representation against Ext. P1 notice. He contended that reservation of Nettayam constituency for women is without any jurisdiction. He also submitted Ext. P4 revision petition to the second respondent. The third respondent passed Ext. P5 order rejecting Ext. P4 revision petition. As per Ext. P5 order the third respondent has declared Nettayam constituency as one reserved for scheduled castes instead of women. This order is challenged in the original petition. The learned Single Judge dismissed the original petition on the ground that election process has already commenced by notifying the date of election and hence Ext. P5 cannot be interfered with as it would result in meddling with the election process.

2. Part IX was inserted to the Constitution of India by the Constitution (73rd Amendment) Act, 1992. Earlier Part IX dealt with the territories in Part D of the First Schedule. That was replaced by the Con











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