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2025 Supreme(Ker) 3030

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
K.A Viswambaran S/O Ayyappan Konnadath – Appellant 
Versus
State Of Kerala Represented By Its Principal Secretary – Respondent 
W.P.(C) Nos.17267, 17277, 17321, 17352, 17357 & 35938 of 2025
Decided on : 28-10-2025

Advocates Appeared:
For the Appellant : SHRI.K.S.ARUN KUMAR SMT.AMRUTHA K P SHRI.VIJAY SANKAR V.H. SHRI.JERIN JOSEPH SHRI.DEVARAJ SUBRAMANIAN SMT.ASWATHY B. KRISHNA
For the Respondent:  SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA SMT.JOLIMA GEORGE SHRI.S.U.NAZAR SRI.K.V.SASIDHARAN SPL GP (LSGD) SMT DEEPA K R

Reservation reductions for Scheduled Castes and Scheduled Tribes without a new census violate constitutional mandates and must reflect proportional demographics established by current census data.

Headnote:(A) Kerala Panchayat Raj Act, 1994 - Section 7 - Article 243D of Constitution of India - Reservation of seats for Scheduled Castes and Scheduled Tribes - Reduction of reservation quotas for SC/ST based on 2011 Census data without conducting a fresh Census challenged - Court found that prior Census data justified existing reservations and hence any reduction was illegal and unconstitutional. (Paras 10, 11, 18)

(B) Reservation - Legislative intention - Legislative provisions mandate that reservations for SC/ST must reflect their population proportions; failure to abide by this principle undermines equal political participation guaranteed under the Constitution. (Paras 10, 11, 11)

Facts of the case:
Multiple petitioners from Scheduled Caste communities challenged a government order that reduced their reserved seats in local bodies from three to one, claiming it lacked necessary demographic substantiation and violated legal standards set forth in the Kerala Panchayat Raj Act and constitutional provisions.

Findings of Court:
The Court ruled that the seat reduction for SC/ST in the local bodies was assessed based on outdated census data, violating statutory mandates which require consideration of the latest relevant census for determining seat allocations.

Issues: The validity of the Government's use of 2011 Census data for reducing reservation quotas, and whether such actions contravene the principles of equal political participation as ordained by the Constitution.

Ratio Decidendi: The court emphasized that a reduction of SC/ST seats without a fresh Census constitutes a legislative misstep, undermining constitutional guarantees. The existing reservations reflect a historical acknowledgment of socio-economic disparities and should remain unless substantiated by current demographic adjustments.

Result: Writ Petitions dismissed.

Table of Content
1. reduction of sc/st reservation seats. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. petitioners' arguments against reservation adjustments. (Para 7 , 8 , 9 , 10)
3. legal standards for determining sc/st seat allocation. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17)

JUDGMENT

These Writ Petitions are connected and therefore, I am disposing of these Writ Petitions by a common judgment. A common question is raised in these Writ Petitions. First, I will narrate the facts in these Writ Petitions separately.

1. W.P.(C) No.17267 of 2025

The petitioner in this Writ Petition is residing in ward No.12 of Vadanappally Grama Panchayat of Thrissur District, and he belongs to the Scheduled Caste community. The 2nd respondent vide Ext.P1 Government Order revised the number of seats reserved for the Scheduled Caste/ Scheduled Tribe category (for short ‘SC/ST’). It is submitted that, as per Ext. P1, the reservation quotas for SC and ST were reduced based on the 2011 Census data. According to the petitioner, this step constitutes a blatant disregard for the socio-economic disparities and historical injustices that were faced by the SC/ST communities. The respondent Panchayat in the previous election had reserved three seats for SC/ST reservation based on the 2011 population census, and thereafter, no Census was conducted in the said panchayat. Now, the number of seats reserved for SC/ST is reduced without conducting a Census, is the grievance. Aggrieved by the same, the above Writ Petition is filed.

2. W.P.(C) No.17277 of 2025

The petitioner in this Writ Petition is residing in ward No.6 of Valappad Grama Panchayath in Thrissur District, and she belongs to the SC community. According to the petitioner, the 2nd respondent vide Ext.P1 Government Order revised the number of seats reserved for the SC/ST category, and as per Ext.P1, the reservation quotas for SC/ST were reduced based on the 2011 Census data. It is submitted that no recent Census data is available to substantiate such claims. It is submitted that the respondent Panchayat in the previous election had reserved three seats for SC/ST reservation based on the population Census. The attempt of the respondents to reduce the number of seats reserved for SC/ST to one instead of three is the grievance of the petitioner. Aggrieved by the same, the above Writ Petition is filed.

3. W.P.(C) No.17321 of 2025

The petitioner in this Writ Petition is residing in ward No.3 of Engandiyoor Grama Panchayath of Thrissur District, and he belongs to the SC community. The 2nd respondent, vide Ext. P1, Government Order, revised the number of seats reserved for the SC/ST category. It is submitted that the respondent Panchayat had reserved four seats for SC/ST in the previous election based on the population Census, and now this reservation has been reduced without conducting a new Census. Aggrieved by the same, the above Writ Petition is filed.

4. W.P.(C) No.17352 of 2025

The petitioner in this case is residing in Ward No.2 of Thalikulam Grama Panchayath in Thrissur District, and he belongs to the SC community. As per Ext.P1 Government Order, the reservation quota for SC/ST has been reduced to one seat instead of three in the earlier election, is the grievance of the petitioner. Aggrieved by the same, the above Writ Petition is filed.

5. W.P.(C) No.17357 of 2025

The petitioner in this Writ Petition is residing in ward No.8 of Nattika Grama Panchayat of Thrissur District, and he belongs to the SC community. The 2nd respondent vide Ext.P1 Government Order reduced the reservation quotas for SC/ST under the pretext of demographic fluctuations as per the Census, is the submission. It is submitted that, in the previous election, three seats were reserved for SC/ST, and now it has been reduced. Aggrieved by the same, the above Writ Petition is filed.

6. W.P.(C) No.35938 of 2025

The petitioner in this Writ Petition is the President of the Block Committee of the Indian National Congress, which is a registered political party. It is submi

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