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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
K.M Sinoj Kumar S/o Manian – Appellant
Versus
State Of Kerala – Respondent
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 P
Delimitation must be based on population figures from the last census as per Article 243p(g), not on voters list.
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....
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.
Delimitation Commission may rectify inadvertent errors under Section 11 of the Kerala Panchayat Raj Act, 1994; legal boundaries determined by the Commission are binding.
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.
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....
The court held that notifications for delimitation of Gram Panchayats are administrative acts not subject to judicial review unless proven arbitrary, and non-adherence to internal guidelines does not....
Judicial review in electoral delimitation matters is limited; objections must be timely filed, and lack of standing from petitioners prevents challenge.
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