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2025 Supreme(Online)(Ker) 51047

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K K JAMAL – Appellant
Versus
STATE ELECTION COMMISSION OFFICE – Respondent
WP(C) NO. 39795 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.RAFEEK. V.K., SMT.O.A.NURIYA, SRI.SHAHIM BIN AZIZ, SHRI.MOHAMMED SHAFI.K, SMT.LYDIA ELIZABETH KOVOOR, SMT.NISHNA P.T., SHRI.ABDUL RAHOOF P.M., SMT.ANNLIYA FLEMIN, SMT.MUFEEDHA P.
For the Respondents: SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA, SRI.ANIL K.MUHAMED, SMT DEEPA K R

The court reinforced that intervention in electoral matters should only occur when it aids the electoral process and not disrupt imminent elections.

Headnote:The court examined the constitutionality of local government ward allocations in light of prior reservations under the Indian Constitution, confirming the need to comply with rotational principles. The petitioner sought various writs to address election preparations and ward designations. The court found no merit in intervention at this stage to avoid disrupting the imminent election process. Thus, the petition was dismissed.

Table of Content
1. writ petition filed regarding ward reservations and electoral process. (Para 1 , 2)
2. petitioner’s arguments heard regarding the election process. (Para 3)
3. court discussion on jurisdiction and electoral timing. (Para 4 , 5 , 6)
4. judicial caution against disrupting electoral timelines. (Para 7)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“I. Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash Exhibit P9.after calling for records of the same;

II. Issue a Writ of Mandamus or any other appropriate writ, order, or direction to the 1st respondent and 2nd respondent to consider Exhibit P10 representation submitted by the petitioner and pass appropriate orders on the said representation;

III. Declare that Ward No.14 (Champiyaram), being substantially composed of the population of the erstwhile Darussalam Ward (12) which was previously reserved for women and SC, cannot be reserved again for Women in the 2025 election cycle and shall be treated as a General Ward;

IV. Declare that Ward No.13 (Kunnatheri Central), being substantially composed of the population of the previous Champyaram Ward (11) which was previously General, to be reserved for Women in the 2025 election cycle;

V. Issue a Writ of Mandamus or any other appropriate writ, order, or direction to the 1st respondent and 2nd respondent to to re conduct the draw of lots for reservation of seats in Choornikkara Grama Panchayat in accordance with law and constitutional rotation principles;

VI. Dispense with the production of English translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice;

VII. Grant such other reliefs as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

[SIC]

2. When this writ petition came up for consideration on 06.11.2025, this Court passed the interim order:

“The contention of the petitioner is that the newly constituted Ward No.14 of Chambyaram is formed by carving out erstwhile Ward No.11 (Champyaram) and erstwhile Ward No.12 (Darussalam). According to the petitioner, the number of houses in Darussalam is 550. It is also submitted that Darussalam was a reservation ward for two times previously. Now the newly constituted Ward No.14 is also a woman reservation ward. The petitioner produced the number of houses in Darussalam and old Champyaram as Exts.P11 and P12. I am of the considered opinion that the 1st respondent will consider whether there is any mistake in counting the houses in these two wards from where the new ward is constituted.

Necessary order shall be passed on or before 11/11/25.

Post on 14/11/25.”

Now as directed by this Court the Election Commission passed an order No.B6/76/2025-SEC dated 10.11.2025. The petitioner submitted that an order passed by the Election Commission is illegal, and without adverting the contentions raised by the petitioner.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Kerala State Election Commission and the learned Special Government Pleader.

4. Admittedly, the State Election Commission declared the general election to the local bodies for the year 2025 on 10.11.2025. The election notification is to be published on 14.11.2025. The election is scheduled on 09.12.2025 and 11.12.2025. The short point to be decided is whether this Court can interfere with the impugned order in the light of the above scenario, invoking the jurisdiction under Article 226 of the Constitution of India.

5. The learned Standing Counsel appearing for the State Election Commission relied on the judgment of the Division Bench of this Court in W.A. No.1481 of 2020 in which the judgment of this Court dated 11.11.2020 in W.P.(C) No.24065 of 2020 was confirmed. The relevant paragraph of the judgment in W.P.(C)

No.24065 of 2020 is extracted hereunder:

“9. The fact that the schedule of the election has been announced on 6.11.2020 is not disputed by anyone. Go

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