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2025 Supreme(Online)(Ker) 55017

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SUJITH – Appellant
Versus
THE KERALA STATE ELECTION COMMISSION – Respondent
WP(C) NO. 46202 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.S.DHEERENDRAKUMAR
For the Respondents: SRI DEEPULAL MOHAN, SC, GP, SMT DEEPA V

The court cannot entertain writ petitions regarding election reservations at the immediate stage before elections, leaving the issues open for future legal challenge.

Headnote:This writ petition seeks to quash a scheme for reservation to the post of President, Bharanickavu Block Panchayat as mandated by Exhibit - P3. The court noted that the General Election for Local Bodies is imminent and cannot entertain the writ petition at this stage. However, the petitioner's contention remains open for appropriate forum consideration. The petition was disposed of with these observations.

Table of Content
1. seeking quash of reservation scheme (Para 1 , 2)
2. court's inability to act before elections (Para 3)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) issue a writ in the nature of certiorari or any such writ, order or direction to quash the scheme mandated by Exhibit - P3 for reservation to the post of President, Bharanickavu Block Panchayat.

ii) issue a writ in the nature of mandamus or any such writ, order or direction to Respondents 1 & 2 to issue fresh notification with regard to de- reserve the post of President, Bharanickavu Block Panchayat.

Iii) issue any such writ, order or direction, necessary to meet the ends of justice on the facts and circumstances of the instant case.”

[SIC]

2. The main prayer in this writ petition is to issue a direction to quash the scheme mandated in Ext.P3 for reservation to the post of President, Bharanickavu Block Panchayat.

3. Admittedly, the General Election, 2025 for the Local Bodies, notified long back and the first phase of the voting is to be conducted on tomorrow (09.12.2025) and on 11.12.2025. At this stage, this Court cannot entertain this writ petition. But, the contention raised by the petitioner in this writ petition are left open, and the petitioner can agitate the same before the appropriate forum, in accordance with law, at the appropriate stage.

With the above observations, this writ petition is disposed of.

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