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2025 Supreme(Online)(Ker) 51371

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
M.T. JOHNY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 39600 OF 2025



Advocates:
For the Appellants/Petitioners: K.C.VINCENT
For the Respondents: DEEPU LAL MOHAN, G.SHEEBA

Interference in election processes is restricted when timing precludes compliance with legal guidelines, and past reserved statuses must inform current allocations.

Headnote:The writ petition challenges the reservation of Vannapuram Division for women in the 2025 elections, alleging violation of constitutional mandates based on past cases. The Court found the reservation process to be compliant with applicable laws, including Articles 14, 243D, and the Kerala Panchayat Raj Act. The core issue was whether interference with the election process was warranted under existing guidelines. The petition was dismissed, maintaining the election schedule.

Table of Content
1. challenge to ward reservation. (Para 1 , 2 , 3)
2. admission and interim orders impact. (Para 4 , 5 , 6)
3. maintainability of the writ petition. (Para 7 , 8 , 9)
4. court limits on electoral interference. (Para 10 , 11 , 12)

JUDGMENT

1. The petitioner is a resident of Division 14, Vannapuram of Idukki District Panchayat. The petitioner has filed the Writ Petition since he is aggrieved by the reservation of Vannapuram Division of Idukki District Panchayat for women for the ensuing 2025 election as per Ext.P4.

2. Out of 17 Divisions of Idukki District Panchayat, 9 Divisions are to be reserved for women of which 1 Division is to be reserved for SC, one Division for SC, one Division for ST and the remaining six Divisions are for general seats. There were 16 Divisions during 2020 election. Delimitation Commission eliminated two divisions and added three new divisions. New Vannapuram Division was formed taking 39.45% population of old Karimannor Division and 49.19% population of Mullaringadu Division, which were reserved for women in 2020 election and were reserved for SC and ST during 2015 election. Thus 100% of the new Vannappuram Division have been reserved consecutively during 2015 and 2020 elections. Ext.P2 Guidelines issued by the State Election Commission provides that when a new ward is formed by including more than 50% of the population of the existing ward, the new ward shall be treated as a ward under reservation existed during 2020 election. Ext.P2 is silent about the procedure to be followed when 100% of the population in new ward comes from reserved wards with less than 50% from each ward. Since 100% population of Vannapuram Division suffered reservation for the last consecutive elections, Vannapuram should not have been included for drawing by lot for selecting the wards reservation. But Vannapuram Ward was included and was selected by drawing lot for women reservation. The contention of the petitioner is that the selection of Vannapuram for women reservation in 2025 election is violative of the Constitutional mandates and the decision of this Court in Eldhose.K.T v. State of Kerala [ 2020(6) KLT 356 ] in which it is held that successive reservation of the same constituencies shall brought to the minimum and further reservation more than twice for any category shall not be permitted.

3. This Writ Petition was filed on 23.10.2025 and this Court as per Order dated 31.10.2025 admitted the Writ Petition and passed an interim order that election to Vannapuram ward will be subject to the result of the writ petition holding that there is force in the petitioner’s argument and that the petitioner has made out a prima facie case. This Court did not interfere with the election finding that the election is to be completed on or before

20.12.2025, the date of expiry of the present term.

4. Petitioner filed W.A No.2626/2025 against the interim order and the Division Bench passed judgment dated 03.11.2025 setting aside the Interim Order dated 31.10.2025 passed by the learned Single Judge and leaving open the contentions and directing to bring up the Writ petition before the learned Single Judge for expeditious disposal before issuance of election Notification by the State Election Commission. Thereafter, the Writ Petition came up before the learned Single Judge and the learned Single Judge expressed his inability to take up the matter for final hearing on account of heavy listing of admissions and petitions. The matter was placed before me on 07.11.2025 as per the Order of the Hon’ble Chief Justice on administrative side. I also could not take up the writ petition for final hearing on 07.11.2025 for want of time after completion of the admission and petition matters. When the matter was taken for consideration on the next working day on 10.11.2025, the learned Standing Counsel for the Respondent No.2/State Election Commission pointed out that the Schedule of dates for the election process is announced by the Election

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