SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(Ker) 776

H.L.DATTU, K.M.JOSEPH
Sathyan V. V. – Appellant
Versus
Election Commission Of India – Respondent


JUDGMENT

K. M. Joseph, J.

1. These writ petitions are filed purportedly invoking the extra ordinary jurisdiction of this Court under Art.226 of the Constitution of India. Petitioners are residents of Vaikom. They have approached this Court seeking a declaration that the Constitutional scheme of harmonious rotation of reserved constituencies is implicit and required. A writ of mandamus is also sought for by the petitioners to compel the respondents to rotate the reserved constituency for scheduled caste at Vaikom to any other suitable constituency in Kottayam District of Kerala State.

2. It is their case that from 1977 onwards Vaikom is a constituency reserved for Scheduled Caste and it remains so for the last 30 years. Petitioner in Writ Petition (C) No. 1928 of 2008 was being considered for an allotment of a seat to contest by the Indian National Congress, it is alleged, but he is prevented from contesting from Vaikom, his home town, because of the reservation. It is their contention that while reservation of seat for Scheduled Castes and Scheduled Tribes (SC/ST) was guaranteed under the constitutional process of Arts.15 and 16, the classification of electorate into that as reserved




















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top