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2010 Supreme(Online)(KER) 42912

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
THAYYIL KUMARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.P.JACOB, SRI.T.P.GOPAKUMAR, SRI. SURESH BABU, SRI.MURALI PURUSHOTHAMAN

JUDGMENT

The petitioner is aggrieved by the delimitation of wards of Valayam Grama Panchayat in Kozhikode District. Mainly, it is contended that the mandatory guidelines have been overlooked in the matter of discarding the cadastral map to be made available from the Information Kerala Mission. It is pointed out that the survey map prepared by the Survey Department was also not used for the purpose of delimitation and private map was used by the Secretary of the Panchayat. The first objection raised by the petitioner has been produced as Ext.P2 and Ext.P5 is the subsequent objection.

2. The Delimitation Commission has filed a detailed statement and an additional statement. In the said statement, a preliminary objection has been raised relying upon the bar of judicial review provided under Article 243-O (a) of the Constitution of India.

3. In the preliminary objections, it is pointed out that in the light of Article 243-O (a) of the Constitution of India, there is a bar for interference by courts in respect of delimitation of constituencies. Article

243-O (a) states as follows:-

wpc 22927/2010 2 Notwithstanding anything in this Constitution--

“the validity of any law relating to the delimi

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