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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
Vinod T. S/o. Thankappan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
This writ petition is submitted by the petitioners, who are the residents of the Arattupuzha Grama Panchayat, the 4th respondent herein. The grievance of the petitioners pertains to the guidelines framed by the 5th respondent, the Delimitation Commission, as evidenced by Ext.P1, to the extent it contemplated a method based on the number of households in the Panchayat, for determining the inhabitant population for the purpose of carrying out the delimitation of wards in the Municipality.
2. The facts of the case in brief are as follows:
As per the notification issued by the 1st respondent on 6.9.2024, the total number of wards in the 4th respondent Panchayat was increased to 19 from 18. Such a refixation was necessitated consequent to the amendment made in Section 6(3) of the Kerala Panchayat Raj Act, 1994, as per Kerala Panchayat Raj (Second Amendment) Act, 2024, wherein the minimum and maximum number of wards in the Grama Panchayats were increased. Consequently, as per Ext.P3 notification, the 5th respondent Commission was formed under Section 10 of the Kerala Panchayat Raj Act to carry out the delimitation exercise. Exhibit P1 is the set of guidelines published by the 5th
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 must be based on population figures from the last census as per Article 243p(g), not on voters list.
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.
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 process requires equal population but lacks court intervention unless mala fides are demonstrated.
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.
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