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Kerala Court Declares Municipal Delimitation Amendments Ultra Vires

Background

In a significant ruling, the Kerala High Court addressed multiple writ petitions challenging the constitutional validity of the Kerala Municipality (Second Amendment) Act, 2024, and the Kerala Panchayat Raj (Second Amendment) Act, 2024. The petitioners, comprising residents from various municipalities and panchayats, argued that the amendments mandated a delimitation process based on the 2011 Census data, which had already been utilized in previous delimitation exercises conducted in 2015.

Arguments

The petitioners contended that: - The amendments violated Section 6(2) of the Kerala Municipality Act, 1994, which stipulates that the total number of seats can only be varied based on the latest census data. - The delimitation process was unnecessary and financially burdensome, especially since the next census was scheduled for 2025. - The government’s attempt to amend the law was an indirect way to alter the number of seats without adhering to the legal requirements.

Conversely, the State Government argued that: - The 2015 delimitation was based on urbanization rather than a formal census process, allowing for the current amendments. - The amendments aimed to address population growth and ensure adequate representation in local governance.

Court's Analysis and Reasoning

The court meticulously analyzed the provisions of the Kerala Municipality Act and the Kerala Panchayat Raj Act, emphasizing that any variation in the number of seats must be based on the most recent census data. The court highlighted that the delimitation process had already been conducted in 2015 using the 2011 Census, and thus, invoking the same data for a second delimitation was legally untenable.

The court further noted that the legislative intent behind the relevant constitutional provisions was to ensure equal representation and resource allocation, which would be undermined by the proposed amendments.

Decision

Ultimately, the Kerala High Court ruled in favor of the petitioners, declaring the Kerala Municipality (Second Amendment) Act, 2024, and the Kerala Panchayat Raj (Second Amendment) Act, 2024, as ultra vires to the Constitution. The court invalidated the government notification and guidelines related to the delimitation process, emphasizing that any future delimitation must rely on updated census data. This decision reinforces the importance of adhering to constitutional mandates in local governance and protects the integrity of the electoral process in Kerala.