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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
Vinod Krishnan S/o. Ramachandran – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
This writ petition is filed by the residents of different wards of the Cherpulassery Municipality, the 2nd respondent herein. The grievance raised by the petitioners is that, despite Ext.P4 notification issued by the Government, constituting a Delimitation Commission, the 3rd respondent herein, for the purpose of carrying out the exercise of delimitation in all the Local Self Government Institutions in the State by dividing the wards and fixing the boundaries thereof, the 3rd respondent Commission had taken a decision not to carry out such exercise for the 2nd respondent-Municipality.
2. The facts in brief are as follows:
The 2nd respondent-Municipality was constituted by the Government as per GO(P)No.152/2015/LSGD dated 30.04.2015 under Section 4 of the Kerala Municipality Act , 1994. The said Municipality was constituted by converting the then existing Cherpulassery Grama Panchayat and adding three wards of Thrikkadeeri Grama Panchayat. Upon constitution of the same, as per GO(P)No.164/2015/LSGD dt.11.5.2015, the number of wards in the Municipality was notified as 33. Thereafter, the Delimitation Commission vide Ext.P2 order, divided the Municipality into 33 wards, by fix
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.
The court affirmed that without new census data or changes in municipal boundaries, the delimitation of wards is unauthorized as per the Rajasthan Municipalities Act, 2009.
Delimitation orders issued under constitutional provisions are immune from judicial review barring exceptional circumstances; challenges to their validity cannot be entertained under Article 226 of t....
The delimitation process must adhere to the population data from the last census, and the methodology adopted by the Delimitation Commission was found to be reasonable and compliant with constitution....
Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.
Election - Delimitation notification - Both Zilla Panchayat and Taluk Panchayat, only rider is in terms of proviso appended to Sections 161 and 122 which bar Election Commission to bring into force d....
Delimitation must be based on population figures from the last census as per Article 243p(g), not on voters list.
The main legal point established in the judgment is the interpretation of legal provisions related to the term of the Municipal Corporation, the constitution of the Delimitation Board, and the scope ....
Delimitation process requires equal population but lacks court intervention unless mala fides are demonstrated.
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