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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
Abdul Hameed Moulavi S/o. Saidali – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
[WP(C) Nos.38014/2024, 38651/2024, 40036/2024, 46567/2024]
In all these cases, the main challenge raised is against the amendment brought by the Government to Section 6(3) of the Kerala Panchayat Raj Act, 1994 as per Kerala Panchayat Raj (Second Amendment) Act, 2024 (Act, 15 of 2024). The notification issued in this regard is produced as Ext.P7 in W.P.C.No.38014 of 2024. (For convenience W.P.C.No.38014 of 2024 is treated as the leading case and the parties to the litigation and the exhibits produced are hereinafter referred to as per their respective ranks and sequences as mentioned in the said writ petition, unless otherwise specifically mentioned).
2. The basic issue involved in all these cases is with regard to the competence of the Government to bring in an amendment as referred to above to Section 6(3) of the Kerala Panchayat Raj Act, 1994 , by which the minimum and maximum number of seats in a Panchayat to which members are to be directly elected, are increased. To be precise, as per the amended provisions, the minimum number of seats is increased to 14 from 13 and the maximum number is increased to 24 from 23.
3. In W.P.C.No.38014 of 2024 the petitioners therein are con
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The Delimitation Commission's authority to conduct delimitation is restricted to changes in population or the number of wards as specified in the Kerala Municipality Act.
Point of Law : Article 243L of Constitution, would enable Union Territory to exceptions and modifications from other provisions of Constitution.
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
Delimitation after panchayat reorganization mandates strict adherence to 7-day objection and appeal timelines; curtailment to 3 days and rushed processes invalid; conduct elections using prior valid ....
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