The government can adjust local authority strength based on existing census data without requiring a fresh census, as long as legislative minimum and maximum limits are adhered to.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. These appeals and writ petitions address the same issue regarding the validity of a government notification that increased the number of seats in the Village Panchayat under the Kerala Panchayat Raj Act, 1994, and in the Town Panchayat Municipality within Municipal Corporations under the Kerala Municipality Act, 1994 (collectively referred to as Local Authorities). The relevant statutory provisions for determining the strength of these bodies are found in Section 6 of both Acts. The central question is whether the Government has the authority to issue a notification under Section 6 (1) of the Kerala Panchayat Raj Act and Section 6 (1) of the Kerala Municipality Act to increase the strength of the local authority withouta fresh census to determine the population of the local authority’s territorial area, as required under Section 6 (2) of the respective statutes. Some of the cases also challenge the amendment of the statutory provision that increased the strength of the local authority.

2. A learned Single Judge in a series of writ petitions held the view that the determination of strength for the formation of a Municipality or Panchayat can only be ascertained based on the most current census data reflecting the population.

3. The issue arose following an amendment in 2024 that increased the strength of the local authority. The argument was that the Government cannot simply notify an increase in strength based on a change in statutory provisions without following the prescribed legal procedure, which includes altering the notification according to each census. Additionally, the amendment to the statutory provisions increasing the strength is also being challenged. The challenge was made before this Court by residents of the Grama Panchayat, Municipality etc.

4. Before proceeding further, it is appropriate to refer to the relevant statutory provisions to understand the arguments:

i. Section 6 of the Kerala Panchayat Raj Act, 1994 refers to the strength of Panchayats as follows:

“6. Strength of Panchayats.

(1) The total number of seats in a Village Panchayat, a Block Panchayat and a District Panchayat to be filled by direct election shall be notified by the Government in accordance with the scale specified in sub-section (3) with reference to the population of the territorial area of the panchayat concerned.

(2) The Government may after publication of the relevant figures of each census, by notification alter the total number of seats in a Panchayat notified under sub-section (1) subject to the scale specified in sub-section (3).

(3) The number of seats to be notified under sub-section (1) or sub-section (2) shall not -

(a) in these case of Village Panchayat, be less than fourteen or more than twenty four;

(b) in these case of a Block Panchayat, be less than fourteen or more than twenty four;

(c) in these case of a District Panchayat, be less than seventeen or more than thirty three;

Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayats to be filled by election shall, so far as practicable, be the same throughout the State.

(4) The procedure for fixing the strength of a Panchayat shall be such as may be prescribed.”

ii. Section 6 of the Municipality Act, 1994 reads as follows:

"6. Constitution of Council.

(1) The Government shall, in accordance with the criteria specified in sub-section (3), notify the total number of seats of the Councillors to be filled up by direct election in a Town Panchayat, Municipality and Municipal Corporation co