IMPORTANT POINT
Delimitation must be based on population figures from the last census as per Article 243p(g), not on voters list.

JUDGMENT

ZIYAD RAHMAN A.A, J.

All these writ petitions are filed by the respective petitioners challenging the delimitation process initiated by the Delimitation Commission in the Grama Panchayats/Municipalities. W.P.(C)No.42624/2024 is taken as the leading case wherein the reliefs sought are as follows:

“1. Issue a writ of certiorari quashing Exhibit P1, P2 & P16 amendments to the extent that they are ultra virus to Article 243 C of the Constitution and declare that they are unconstitutional.

II. Issue a writ of certiorari quashing P3 notification & P13 guidelines, to the extent that it carries out delimitation of wards in the 9th to 13th respondent panchayats illegally and declare that it is unconstitutional and declare that the delimitation is to be carried out based on latest voters list in the concerned areas.

III. Issue a writ of certiorari quashing P17 notification & P18 guidelines to the extent that it carries out delimitation of wards in the 14th respondent Municipality illegally and declare that it is unconstitutional and declare that the delimitation is to be carried out based on latest voters list in the concerned areas.

IV. Issue a writ of certiorari quashing Exhibit P4 to P9 & P19 notifications by declaring that it is ultravirus to Article 243C of the constitution and is not fulfilling the mandates of Section 6(2) of the Kerala Panchayat raj Act 1994 and provisions of Kerala Municipality Act, 1994 and declare that same is unconstitutional.

V. To issue a writ of mandamus order or direction directing the respondents 1 to 4 to undertake the division to the 9th to 13th respondent panchayats and 14th respondent Municipality, after taking the relevant population into consideration based on voters list and not on the basis of building numbers or flat numbers and not on the basis of average person’s residing in buildings/houses or flats.

VI. To issue a writ of mandamus, order or direction directing the respondents 1 to 4 and 15 to carry out census for ascertaining the actual population in each panchayat and municipalities of the petitioners respectively within 2025 October and thereafter carry out the delimitation process in all the panchayats and municipalities and corporations in the State, based on actual voters list and actual population in each ward in the State.

VII. To declare that respondents 1 to 4 do not have the power and jurisdiction to issue Exts. P5 to P9, P19 in the light of 2011 census and therefore the same is illegal and unconstitutional.

VIII. to issue such other writ, order or direction which this Honorable Court deems fit to grant to the facts and circumstances of the case.

In the other writ petitions also, similar reliefs are sought and therefore it is not necessary to consider every reliefs separately.

2. As far as the reliefs I, IV, VI and VII sought in WP(C)No.42624/2024 are concerned, the same cannot be granted as the issue relating to the same is covered by the decision rendered by a Division Bench of this Court in State of Kerala v. Abdul Gafoor [2025 KHC OnLine 236].

3. In the said decision, this Court upheld the power of the Government to carry out delimitation exercise on the basis of the 2011 Census irrespective of the fact that, the delimitation exercise was carried out earlier in respect of the said Panchayats/Municipalities, in the year 2015.

4. Therefore, what remains is the consideration of the reliefs in II, III and V. As far as the second relief is concerned, it is for quashing Ext.P3 notification and P13 guidelines to the extent it carries out the delimitation of wards in certain wards in the respective Panchayat and to declare that the delimitation is to be carried out based on the latest voters list in the concerned areas. The relief Nos. III and V also, the petitioners are seeking direction to carry out delimitation process on the basis of the latest voters list in the concerned areas.

5. As far as the voter’s list is concerned, the same cannot be the basis of the delimitation process. Section