IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MOOSA UMMAT – Appellant
Versus
STATE ELECTION COMMISSION – Respondent
WP(C) NO. 42279 OF 2025
| Table of Content |
|---|
| 1. request to quash reservation of president's post (Para 1 , 2) |
| 2. challenges to the court's jurisdiction over election matters (Para 3 , 4) |
| 3. emphasis on constitutional guidelines for electoral processes (Para 6) |
JUDGMENT
This writ petition is filed seeking the following reliefs:
“i)Issue a writ of certiorari or any other appropriate writ, calling for the records leading to Exhibit P1 notification No:61/2025 dated 05-11-2025 issued by the 1st respondent and quash the original of the same to the extent it reserves the post of the office of the President of the 4th respondent ,Grama Panchayat to the women category as per serial No:409 and column No:5 of the table attached thereto.
ii) Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to consider Ext.P4 and P5 representations submitted by the petitioners and exclude the 4th respondent Grama Panchayat from the list of Panchayats ear marked for the reservation to the post of Presidents in Malappuram District.
iii)Declare that Ext.P1 notification reserving the office of the president consecutively is a clear violation of the manner of allotment of rotation as provided under Rule 3(1) of the Kerala Panchayat Raj (election of President and Vice President) Rules 1995.
iv.To dispense off with translation of vernacular documents to English.
v. To pass such any other order, direction or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.” [SIC]
2. The main prayer in this writ petition is to quash Ext.P1 notification issued by the 1st respondent to the extent it reserves the post of the office of the President of the 4th respondent Grama Panchayath to the women category as per serial No.409 and column No.5 of the table attached thereto.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the State Election Commission and also the learned Special Government Pleader.
4. A preliminary objection is raised by the Standing Counsel appearing for the State Election Commission stating that this Court cannot entertain the prayers in this Writ Petition in the light of the dictum laid down by this Court in State of Kerala and Others v. Noufal Babu E.K. and Others [2020 KHC 5613]. It is submitted that the general election for the year 2025 has already been declared. I will consider that point first. 5. Admittedly, the State Election Commission declared the general election to the local bodies for the year 2025 on 10.11.2025. The election is scheduled to be conducted on 09.12.2025 and 11.12.2025. Whether this Court can interfere in such situation is the question to be decided. In Noufal Babu’s case (supra), this Court considered the matter in detail. To know the facts of the case, I will extract paragraph No.1 and to know the dictum laid down in the judgment, I will extract paragraph No.70 of the above judgment: “1. The writ appeals are filed by the State and its officials, and the Kerala State Election Commission as captioned above, challenging the judgments dated 16-11-2020, 19.11.2020 and 20.11.2020 rendered by the learned single Judge in various writ petitions, whereby the learned single Judge allowed the writ petitions and directed the Kerala State Election Commission to recast the reservation by rotation to the office of the President and Chairpersons of the local bodies in question, pursuant to the notifications issued by the State Election Commission dated 03.11.2020 in that regard, which is a process of the General Elections notified by the State Election Commission. Though one of the writ petitions was filed earlier to the notification issued by the State Election Commission and the other writ petitions were filed on 06.11.2020 i.e., the date of the announcement of elections by the State Election Commission, the judgment was passed on 16.11.2020 after the notification of election issued by the State Government on
12.11.2020.
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