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2010 Supreme(Ker) 456

T.R.RAMACHANDRAN NAIR
P. S. Biju – Appellant
Versus
The State Election Commission – Respondent


Advocates Appeared:For the Petitioner:A. Mohamed Mustaque, Advocate. For the Respondents: T.A. Shaji, Sc, Paravur Municipality.

Judgment :

1. This writ petition is filed by the petitioner seeking for a declaration that the reservation of seats exceeding 50% of the total number of seats in Paravur Municipality is unconstitutional and illegal.

2. The petitioner is a resident within Paravur Municipality. The Municipality was having 26 wards in total, out of which 9 seats were reserved for women, 1 seat for SC/ST reservation and others and 16 seats were included in the general category. This was the position during the election conducted last time. As per the new notification, viz. Ext.P1, the total number of wards is 29, out of which 15 are reserved for women, one seat for SC/ST and the remaining 13 seats have been shown as general. Therefore, the petitioner contends that more than 50% of the total seats are earmarked for reservation, which is against the Constitutional scheme.

3. Heard learned Standing Counsel for the Election Commission and learned Govt. Pleader appearing for the State.

4. The matter is governed by Section 6 of the Kerala Municipality Act. Earlier, subsection (6) of Section 6 provided that "not less than one- third of the total number of seats reserved under sub-section (5) shall be reserved




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