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2025 Supreme(Online)(Ker) 45297
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
NISAR K – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 37864 OF 2025
For the Appellants/Petitioners: SHRI.ASHIK K.MOHAMED ALI, SHRI.KURIAN JOSEPH, SHRI.MUHAMMED RIFA P.M., SHRI.SALMAN FARIS, SMT.AISHA SUBAIR
For the Respondents: SHRI.DEEPU LAL MOHAN
Writ petitions challenging electoral delimitation based on alleged legal violations are not maintainable in this court without exhausting alternatives.
Headnote:The judgment addresses reliefs regarding the Kerala Panchayat Raj (Second Amendment) Act, 2024, asserting it as ultra vires, particularly in relation to delimitation under Section 10 without adherence to Section 6(2) of the Kerala Panchayat Raj Act, 1994. The court finds that such writs about maintainability were previously addressed in a stepping case, affirming the need for the petitioner to approach the Electoral Registration Officer for objections. Thus, the writ petition is dismissed with an allowance for the petitioner to pursue alternative remedies.
| Table of Content |
|---|
| 1. seeking reliefs and quashing notifications. (Para 1) |
| 2. maintainability of similar writ petitions. (Para 2) |
| 3. court's opinion on the petitioner's rights. (Para 3) |
JUDGMENT
This writ petition is filed seeking the following reliefs:
“a) Issue a writ of certiorari or any other appropriate writ, order or direction declaring the Kerala Panchayat Raj (Second Amendment) Act, 2024, as ultra vires to the Constitution and the Kerala Panchayat Raj Act , 1994, so far as it warrants delimitation under Section 10 without fulfilling the mandates under Section 6 (2) of the , 1994;
b) issue a writ of certiorari or any other appropriate writ, order or direction, thereby quashing the Exhibit P2, Notification to the extent that it changes the boundaries of the Wards in the 6th Respondent, Grama Panchayat, based on the present population;
c) issue a writ of certiorari or any other appropriate writ, order or direction, thereby quashing the Exhibit P3, Notice to the extent that it changes the boundaries of the Ward Nos. 7 and 8 in the 6th Respondent, Grama Panchayat, by ignoring the Exhibit P1 Notification.
d) to declare that the delimitation in the 6th Respondent, Grama Panchayat, based on Census 2011 is illegal in so far as it has already been subjected to delimitation in 2015 based on the same parameters;
e) issue a writ of certiorari or any other appropriate writ, order or direction, thereby quashing Exhibit P2, Notification, to the extent that it changes the boundaries of Ward Nos. 7 and 8 in the 6th Respondent, Grama Panchayat, based on Census 2011;
f) to declare that Clause 2 (b) of the Kerala Panchayat Raj (Second Amendment) Act, 2024, issued by the 3rd Respondent, is ultra vires of the Constitution and the Kerala Panchayat Raj Act , 1994;
g) to dispense with the translation of vernacular documents into English and;
h) grant such other reliefs, which are just and necessary in the interest of justice.”[SIC]
2. When this writ petition came up for consideration, the Standing Counsel appearing for the State Election Commission and the State Delimitation Commission and also the Special Government Pleader submitted that the maintainability of these type of writ petitions were considered by this Court in Baby Odampallil v. State of Kerala ( 2025 KHC OnLine 1061 ) in detail and observed that, such writ petitions are not maintainable before this Court. If that be the case, this Writ Petition is not maintainable. Then the counsel for the petitioner submitted that, after the delimitation order, Ext.P3 is issued by the 6th respondent Panchayath. The Standing Counsel appearing for the State Election Commission submitted that, if the petitioner has got any objection in Ext.P3, the petitioner can approach the Electoral Registration OfÏcer.
3. If that be the case, I am of the considered opinion that this Court need not interfere with the same. In Ext.P3 itself it is clearly stated that the petitioner can approach the Electoral Registration OfÏcer.
Granting liberty to the petitioner to approach the Electoral Registration OfÏcer, if there is any objection in Ext.P3, this Writ Petition is disposed of.
