Kerala High Court
Roy Abraham vs State Of Kerala on 6 February, 2025
WP(C) No.4176/2025 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. 4176 OF 2025
PETITIONER:
ROY ABRAHAM, AGED 61 YEARS S/O N I ABRAHAM,CHATHAMTHADATHIL, EDAYAR,
EDAYAR P O, KOOTHATTUKULAM, ERNAKULAM,KERALA, PIN - 686662
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, KERALA, PIN - 695001
2. STATE ELECTION COMMISSION, KERALA, OFFICE OF THE STATE ELECTION
COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
3. STATE DELIMITATION COMMISSION, OFFICE OF THE STATE ELECTION
COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
4. DISTRICT ELECTION OFFICER, OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD , ERNAKULAM, KERALA, PIN - 682030
5. REGISTRAR GENERAL AND SENSUS COMMISSIONER, GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NDCC BUILDING-II, JAISING ROAD, NEW DELHI,
PIN - 110001
6. KOOTHATTUKULAM MUNCIPALITY, REPRESENTED BY THE SECRETARY, ERNAKULAM,
KERALA, PIN - 686662
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 p7, exhibit p8, exhibit p9, exhibit p10 and to
direct the respondents 1, 2, 3 and 4 not to carry out the delimitation of
wards in 6th respondent municipality, 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.GAYATHRI MURALEEDHARAN, BONNY BABY, ARCHANA B. & NAEEM Advocates for
the petitioner, the court passed the following:
WP(C) No.4176/2025 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.4176/2025 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.4176/2025 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.4176/2025 5/5 Order Date : 06-02-2025
APPENDIX OF WP(C) 4176/2025
Exhibit P1 THE TRUE COPY OF THE G.O. (P) NO. 145/2015/LSGD DATED
30.04.2015 ISSUED BY THE STATE
Exhibit P2 THE TRUE COPY OF THE GUIDELINES ISSUED BY THE 3RD
RESPONDENT DATED 18.04.20215
Exhibit P3 THE TRUE COPY OF THE ORDER BEARING NO: LDC 237/2015
ISSUED BY THE STATE DELIMITATION COMMISSION DATED
07.09.2015
Exhibit P4 THE TRUE COPY OF THE AMENDMENT ACT, 2020 DATED
18.02.2020
Exhibit P5 THE TRUE COPY OF THE GO(P) NO: 20/2020 LSGD DATED
26.02.2020
Exhibit P6 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
IN WP(C) NO: 6514/2020 DATED 23.06.2020
Exhibit P7 THE TRUE COPY OF THE AMENDMENT IN THE KERALA
MUNICIPALITY ACT DATED 07.09.2024
Exhibit P8 THE TRUE COPY OF THE GO(P) NO: 49/2024/ LSGD DATED
10.09.2024
Exhibit P9 THE TRUE COPY OF THE GUIDELINES ISSUED BY THE 3RD
RESPONDENT COMMISSION DATED 24.09.2024
Exhibit P10 THE TRUE COPY OF THE NOTIFICATION BEARING
LDC/1104/2024/LDC 18.11.2024
Exhibit P11 THE TRUE COPY OF THE JUDGMENT IN WP(C) 39894/2024 DATED
18.12.2024
