1. The petitioner, a resident of Bediadka Grama Panchayat in Kasargod District has filed this writ petition challenging Ext.P7 final Delimitation Order issued by the State Delimitation Commission on 6.5.2010, in respect of Bediadka Grama Panchayat. Ext.P7 is challenged mainly on the ground that Delimiation Commission is not properly constituted. It is contended that two among the members of the Delimitation Commission, viz., Smt.Sarada Muraleedharan and Sri.K.R.Muraleedharan, are not Secretaries to Government, and therefore, the constitution of the Delimitation Commission offends Section 10 of the Kerala Panchayat Raj Act, 1994.

2. Sri.Murali Purushothaman, the learned standing counsel appearing for the State Delimitation Commission, has filed a statement dated 19.7.2010. It is stated in paragraph 4 thereof that the Delimitation Commission originally constituted by the Government as per G.O.(P) No.135/2009/LSGD dated 20.7.2009 consisted of the following persons.

1. Sri.P.Kamalkutty, State Election Commissioner, Kerala (Chairman)

2. Smt.Sarada Muraleedharan, Executive Director, Kudumbasree Mission (Member)

3. Sri.B.S.Mavoji, Commissioner for Entrance Examination (Member)

4. Smt.Ishita Roy, Secretary to Government, Finance (Expenditure) Department (Member)

5. Sri.M.N.Gunavardhanan, Secretary to Government, Water Resources Department (Member)

It is stated that later, Sri.B.S.Mavoji and Smt.Ishita Roy were substituted by K.R.Muraleedharan, Director of Panchayats and V.R.Padmanabhan, Secretary to Government, as per G.O.(P) No.28/2010/LSGD dated 9.2.2010. It is also stated that Sri.M.N.Gunavardhanan, Secretary to Government, Water Resources Department, while being a member of the State Delimitation Commission retired from Indian Administrative Service and in his place, Sri.X.Anil, IAS, Director (CPMU), Planning and Economic Affairs Department was appointed as a member. It is also stated that Smt.Sarada Muraleedharan who belongs to the 1990 I.A.S. Batch was Secretary to Government from June 2006 onwards before she was appointed as Executive Director of Kudumbasree Mission and Sri.K.R.Muraleedharan who belongs to the 1994 I.A.S. Batch was Secretary to Government from 24.9.2009 onwards before he was appointed as Director of Panchayats. The learned Standing Counsel for the fifth respondent has also produced a Civil list of Officers of the Indian Administrative Service (Kerala Cadre) to demonstrate that Smt.Sarada Muraleedharan and Sri.K.R.Muraleedharan are officers drawing salary in the scale of pay of Secretary to Government.

3. Section 10(1)(a) of the Kerala Panchayat Raj Act, 1994, which deals with the constitution of Delimitation Commission reads as follows:-

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, Scheduled Tribes and for Women,

(a) divide every Panchayat into as many constituencies as there are seats and fix the boundaries of such constituencies. (Provisos omitted as they are not relevant) (emphasis supplied)

Section 10(1) of the Kerala Panchayat Raj Act, 1994, stipulates that the Delimitation Commission shall consist of the State Election Commission as the Chairman and four officers, not below the rank of Secretary to Government, as members. The main contention of the petitioner which was reiterated by Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner, is that at least two out of 5 members of the Delimitation Commission, viz., Smt.Sarada Muraleedharan and Sri.K.R.Muraleedharan are not officers of the rank of Secretary to Government (they are the Executive Dire