Kerala High Court
Sunilraj M.B vs The State Of Kerala on 6 February, 2025
WP(C) No.1381/2025 1/5 Order Date : 06-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 6th day of February 2025 / 17th Magha, 1946
WP(C) NO. 1381 OF 2025
PETITIONER:
SUNILRAJ M.B., AGED 49 YEARS S/O. M.A. BALAN, MATTUMMEL HOUSE,
NALUKETTU P.O., KONOOR, KORATTY VIA, THRISSUR DISTRICT, PIN - 680308
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE STATE ELECTION COMMISSION, OFFICE OF THE STATE ELECTION
COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
3. THE DELIMITATION COMMISSION, OFFICE OF THE STATE ELECTION
COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
4. THE DISTRICT ELECTION OFFICER, OFFICE OF DISTRICT COLLECTOR, CIVIL
STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN -
680003
5. THE SECRETARY, KORATTY GRAMA PANCHAYAT, KORATTY P.O., THRISSUR, PIN
- 680308
6. THE REGISTRAR GENERAL AND CENSUS COMMISSIONER, GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NDCC BUILDING-II, JAISINGH ROAD, NEW
DELHI, PIN - 110001
7. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay exhibit p4 notification and p5 guidelines and to direct
the respondents 1, 2, 3 and 4 not to carry out the delimitation of wards
in 5th respondent grama panchayat, till the disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S GEORGE POONTHOTTAM (SR.), NISHA GEORGE & SIDHARTH.R.WARIYAR Advocates
for the petitioner, SHRI.DEEPU LAL MOHAN, SC,for R2 to R4, SRI. PHILIP
T.VARGHESE,Advocate for R5 and of SRI. ACHUTH KRISHNAN R Advocate for R6,
the court passed the following:
WP(C) No.1381/2025 2/5 Order Date : 06-02-2025
ZIYAD RAHMAN A.A., J.
========================
W.P(C) No.46542/ 2024, W.P(C) No.40309/ 2024,
W.P(C) No.42624/ 2024, W.P(C) No.43470/ 2024,
W.P(C) No.46523/ 2024, W.P(C) No.537/ 2025,
W.P(C) No.730/ 2025, W.P(C) No.1381/ 2025
W.P(C) No.1750/ 2025, W.P(C) No.2009/ 2025
W.P(C) No. 3612/ 2025, W.P(C) No.4176/ 2025
&
W.P(C) No.46191/ 2024
========================
Dated this the 6th day of February, 2025
ORDER
In most of these cases, the main challenge raised is against the
Constitutional validity of the Kerala Municipality (Amendment)
Act, 2024 and the Kerala Panchayat Raj (Amendment) Act, 2024.
As per the said amended provisions, the minimum and maximum
numbers of the wards/divisions in the respective Municipalities and
Panchayats are increased and consequently, a delimitation process is
to be carried out. According to the petitioners, it is without
fulfilling the mandate contemplated under Section 6(2) of the
Kerala Municipality Act and the Kerala Panchayat Raj Act.
2. Today when all these matters came up for consideration,
it was brought to the notice of this Court that, a learned Single
Judge of this Court has already disposed of seven writ petitions,
WP(C) No.1381/2025 3/5 Order Date : 06-02-2025
W.P(C) No.46542/ 2024 & conn.cases.
which are numbered as W.P(C) Nos.39894/2024, 39810/2024,
39848/2024, 39939/2024, 39989/2024, 40460/2024 and 40592/202,
wherein this issue was considered. As against the judgment
rendered by the learned Single Judge in the said writ petitions, writ
appeals, numbered as W.A.Nos.194/2025, 198/2025, 199/2025,
201/2025, 202/2025, 203/2025 and 204/2025 are filed by the State
and the same are now pending before a Division Bench of this
Court. It is pointed out by the learned Counsels appearing for all
the parties that, the issue involved in these writ petitions are
substantially the same, which is being considered by the Division
Bench of this Court. Therefore, it was pointed out that all these
matters may be posted together before the Division Bench for
effective disposal of the same.
3. After going through the records available before me,
I am of the opinion that, the issues in these matters are substantially
similar to that of those pending before the Division Bench and
therefore, it is only proper that all these matters are heard together
by the Division Bench. Besides, the issues involved are also
matters of public importance and hence an authoritative
WP(C) No.1381/2025 4/5 Order Date : 06-02-2025
W.P(C) No.46542/ 2024 & conn.cases.
pronouncement on the questions by a Division Bench may be
desirable.
In such circumstances, the Registry is directed to post these
matters before the Honourable Chief Justice, for appropriate
decision in this regard. The matter may be placed immediately,
taking note of the urgency in the matter, as the appeals are listed
before the Division Bench on 12.02.2025. Even though in W.P(C)
No.40309/2024, there is no challenge against the Amendment Act,
a decision taken in the writ appeals will have an impact on the issue
to be decided in that case as well. Therefore, that matter may also be
placed along with the other writ petitions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) No.1381/2025 5/5 Order Date : 06-02-2025
APPENDIX OF WP(C) 1381/2025
Exhibit P1 TRUE COPY OF COMMUNICATION NO. A-7397/09 DATED
07.06.2009 ISSUED BY THE SECRETARY OF THE 5TH
RESPONDENT PANCHAYAT TO THE DEPUTY DIRECTOR OF
PANCHAYATS ALONG WITH THE VARIOUS ATTACHMENTS RELATING
TO THE DELIMITATION PROCESS CARRIED OUT .
Exhibit P2 A TRUE COPY OF THE KERALA PANCHAYAT RAJ (SECOND
AMENDMENT) ACT, 2024 (ACT 15 OF 2024 DATED 09.07.2024.
Exhibit P3 A TRUE COPY OF THE KERALA PANCHAYAT RAJ (FIXING OF
STRENGTH) AMENDMENT RULES, 2024 DATED 01.09.2024
Exhibit P4 THE TRUE COPY OF THE NOTIFICATION NO.
LSGD/PD/24269/2024-EER1 DATED 06.09.2024 ISSUED BY THE
1ST RESPONDENT
Exhibit P5 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024 ISSUED
BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE ATTACHMENTS TO EXHIBIT P5 GUIDELINES
SUBMITTED BY THE SECRETARY OF THE 5TH RESPONDENT
PANCHAYAT.
Exhibit P7 COPY OF THE SKETCHE OF WARD NO. V. KONOOR SHOWING THE
LAYOUT AND EXTENT OF THE WARD PRIOR TO THE CHANGES
MADE.
Exhibit P7(a) COPY OF THE SKETCHE OF WARD NO. V. KONOOR SHOWING THE
LAYOUT AND EXTENT OF THE WARD AFTER THE CHANGES MADE.
Exhibit P7(b) COPY OF THE SKETCHE OF WARD NO. V. KONOOR SHOWING THE
LAYOUT AND EXTENT OF THE WARD AND HOW IT OUGHT TO HAVE
BEEN DELIMITED.
