"C.R."

These writ petitions are concerned with the challenge against delimitation of wards of various Panchayats.

2. In W.P.(C).No.21793/2010, the petitioner is the former President of Ayanchery Grama Panchayat. Ext.P1 is the guidelines published by the Delimitation Commission and Ext.P2 is the draft delimitation proposal inviting objections and suggestions. According to the petitioner, the same is illegal and arbitrary. The petitioner submitted detailed objections and Ext.P20 is the final order delimiting the constituencies which is underchallenge in the writ petition.

3. In W.P.(C).No.21816/2010, the delimitation of Nedumpana Grama Panchayat is under challenge by the petitioners and Ext.P7 is the final order passed by the Commission.

4. In W.P.(C).No.23641/2010, the challenge is in respect of delimitation of Kadamboor Grama Panchayat and Ext.P4 is the final order passed by the Commission.

5. In these writ petitions, the learned Standing Counsel for the first respondent has filed preliminary objections by way of a detailed statement as well as additional statements on the merits of the contentions of the parties also.

6. In the preliminary objections, it is pointed out that in the light of Article 243-O (a) of the Constitution of India, there is a bar for interference by courts in respect of delimitation of constituencies.

7. Article 243-O (a) states as follows:-

Notwithstanding anything in this Constitution--

"the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under Article 243K, shall not be called in question in any court."

8. Section 10 of the Kerala Panchayat Raj Act provides detailed provisions for the delimitation of constituencies of Panchayats. We are concerned with Section 10(3) and 10(3A) which are extracted below:-

"S.10(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.

S.10(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 it shall have the force of law."

Going by Section 10(3A), once the delimitation order is published in the Gazette, it shall have the force of law and, therefore, the learned Standing Counsel for the Delimitation Commission submitted that the same will attract the bar under Article 243-O (a) of the Constitution of India. Reliance is placed on various decisions of the Apex Court and this Court.

9. With regard to the Delimitation Commission Act, 1962, the Constitution Bench of the Apex Court in Meghraj Kothari v. Delimitation Commission and others [AIR 1967 SC 669] took the view that upon publication in the Gazette of India, the order of delimitation shall have the force of law and is not liable to be called in question and matters can no longer be re-agitated in any Court. In fact, in various subsequent decisions of the Apex Court, this decision has been relied on. In Indira Nehru Gandhi v. Shri Raj Narain [AIR 1975 SC 2299] it was held that Judicial Review cannot be considered to be a part of the basic structure of the Constitution while considering the bar under Article 329(a). It was held that the Constitution, as originally enacted, expressly excluded judicial review in a large variety of important matters. The exception regarding the bar of judicial review contained in Article 329(a) was noticed by the Apex Court in L.Chandra Kumar v. Union of India [(1997) 3 SCC 261]. All these decisions were considered by a Division Bench of this Court in Chief Electoral Officer v. Sunny Joseph [2005 (4) KLT 599] and it was held in paragraph (11) and (14) as follows:-

"In a vital matter pertaining to the election for membership of the Parliament the framers of the Constitution had left the decision to the judgment of the executive. Arts.327 and 328 give power to the Parli