Petitioner is a resident of Kodithookiyakunnu Ward of Kallara Grama Panchayat. The above ward is a newly constituted ward. The above ward was constituted with part of Palkulam ward which was reserved for ladies in the previous election, part of Thengumkodu ward which was reserved for Scheduled Castes in the previous election and part of Cheruvalam Ward which was reserved for women. Therefore, the entire area covered in the above ward was reserved in the previous election. The contention of the petitioner is that in view of the constitutional provision the reservation of wards should be by rotation and this ward for the next year.

2. Article 243-D of the Constitution of India provides that reservations of the seats shall be allotted by rotation. Article 243-D reads as follows :

"243-D : Reservation of seats.

(3) Not less than one-third (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 Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat."

The above provision is incorporation in Section 7 sub-clause (4) and (6) of the Kerala Panchayat Raj Act, 1994. It was decided to take lots to select reserved wards excluding the wards reserved last year. However, as far a, Kodithookiyakunnu Ward is concerned it is a new ward and how such reservation should go to the new ward is explained in Ext. P6 guidelines issued by the Election Commission. It is stated as follows :

(vernacular matter omitted)

So if more than 50% of the population was in the reserved ward, that was considered to be a reserved ward and that has to be excluded while taking lots. The contention of the Election Commission is that if more than 50% of a single reserved ward was in the newly constituted ward, then only it will be excluded. I am of the opinion that such an interpretation is not warranted from the words used in the guidelines or considering the intention of the Constitutional provisions. As far as the new ward is concerned, the entire population in this new ward was covered by three reserved wards and 100% population of the new ward was under reserved wards in the earlier elction. Therefore, this ward has to be excluded while taking lots.

3. In the above circumstances, Ext. P.7, as far as Kodithookiyakunnu Ward is concerned and Ext. P8 are set aside and I direct the District Colletor to take lots on the basis of this judgment.

The original petition is allowed to the above extent.

Petition allowed.