Kerala High Court
Abdul Hameed Moulavi vs State Of Kerala on 6 February, 2025
WP(C) No.38014/2024 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. 38014 OF 2024
PETITIONERS:
1. ABDUL HAMEED MOULAVI, AGED 55 YEARS, S/O. SAIDALI, MANAPPATTU
HOUSE, MANAKKADAVU, PANTHIRANKAVU POST, KOZHIKODE, PIN - 673019
2. V P ABDUL SALEEM, AGED 55 YEARS, S/O. MUHAMMED, MARJAN HOUSE,
KOLOTHUPARAMBU,KONTHANARI, G.A COLLEGE POST, KOZHIKODE, PIN - 673014
3. K.K KOYA, AGED 66 YEARS, S/O. CHERIYA MOOZA, KAIMANGALATH HOUSE,
PALAZHI, KOZHIKODE, PIN - 673014
4. VINOD KUMAR, AGED 55 YEARS, S/O. SIVARAMAN NAIR, AGED 55 YEARS,
12/598, MEKKOTH ULLATTIL PARAMBU,OLAVANNA P.O., KOZHIKODE, PIN -
673019
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
2. STATE ELECTION COMMISSION, OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
3. DELIMITATION COMMISSION, OFFICE OF THE STATE ELECTION
COMMISSION,CORPORATION OFFICE COMPLEX, LMS JUNCTION,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
4. DISTRICT ELECTION OFFICER, OFFICE OF DISTRICT
COLLECTOR,COLLECTORATE, KOZHIKODE, PIN - 678001
5. SECRETARY, OLAVANNA GRAMA PANCHAYAT,KOZHIKODE, PIN - 673014
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 all proceedings pursuant to Exhibit P10 and to direct the
respondents 1, 2, 3 and 4 not to carry out the delimitation of wards in
5th respondent, 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. P.A.MOHAMMED SHAH, RENOY VINCENT, SHAHIR SHOWKATH ALI, CHELSON
CHEMBARATHY, ABEE SHEJIRIK FASLA N.K, NANDA SURENDRAN & SAHAL SHAJAHAN,
Advocates for the petitioners, GOVERNMENT PLEADER for the respondent 1,
SRI.DEEPU LAL MOHAN, STANDING COUNSEL for the respondent2 to 4 and of
M/S. VINOD SINGH CHERIYAN,T.M.KHALID & K.P.SUSMITHA, Advocates for the
respondent 5, the court passed the following:
WP(C) No.38014/2024 2/5 Order Date : 06-02-2025
ZIYAD RAHMAN A.A., J.
========================
W.P(C) Nos. 38014/2024, 38651/2024,
40036/2024, 46010/2024,
46567/2024
========================
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,
which are numbered as W.P(C) Nos.39894/2024, 39810/2024,
39848/2024, 39939/2024, 39989/2024, 40460/2024 and 40592/202,
WP(C) No.38014/2024 3/5 Order Date : 06-02-2025
W.P(C) No.38014/2014 &
conn.cases.
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
pronouncement on the questions by a Division Bench may be
desirable.
WP(C) No.38014/2024 4/5 Order Date : 06-02-2025
W.P(C) No.38014/2014 &
conn.cases.
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.38014/2024 5/5 Order Date : 06-02-2025
APPENDIX OF WP(C) 38014/2024
Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO.
G.O.(P).NO.140/15/LSGD DATED 25.04.2015
Exhibit P2 A TRUE COPY OF THE FINAL ORDER DATED 30.05.2015 PASSED
BY 3RD RESPONDENT WITH RESPECT TO OLAVANNA PANCHAYAT
Exhibit P3 A TRUE COPY OF THE FINAL ORDER DATED 30.05.2015 PASSED
BY 3RD RESPONDENT WITH RESPECT TO PANTHEERANKAAV
PANCHAYAT
Exhibit P4 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO. 15524/2015
DATED 10.08.2015
Exhibit P5 A TRUE COPY OF THE SRO NO. 138/2020 DATED 12.02.2020
Exhibit P6 A TRUE COPY OF THE EXCERPT OF ANSWERS GIVEN BY HON'BLE
MINISTER OF LSGD IN THE 19TH MEETING OF KERALA
LEGISLATIVE ASSEMBLY DATED 06.03.2020
Exhibit P7 A TRUE COPY OF THE AMENDMENT ACT, 2024 DATED 09.07.2024
Exhibit P8 A TRUE COPY OF THE KERALA PANCHAYAT RAJ (FIXING OF
STRENGTH) AMENDMENT RULES, 2024 DATED 01.09.2024
Exhibit P9 THE TRUE COPY OF THE NOTIFICATION NO.
LSGD/PD/24269/2024-EER1 DATED 06.09.2024 ISSUED BY THE
1ST RESPONDENT
Exhibit P10 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024 ISSUED
BY THE 3RD RESPONDENT
Exhibit P11 A TRUE COPY OF THE POPULATION DATA OF PANCHAYATS IN
KOZHIKODE DISTRICT ALONG WITH THE NUMBER OF WARDS FIXED
ON THE BASIS OF POPULATION
