Kerala High Court
Muhammed Faisal vs State Of Kerala on 24 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:1:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 202 OF 2025
AGAINST THE JUDGMENT DATED 18/12/2024 IN WP(C) NO.39848 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
BY ADVS.
GOVERNMENT PLEADER
ADVOCATE GENERAL OFFICE KERALA
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 ABDUL GAFOOR,
AGED 53 YEARS
S/O AHAMMEDKUTTY, PULPARAMBIL HOUSE, KALLURUTTY.P.O,
OMASSERY VIA, KOZHIKKODE, PIN - 673582
2 A.P.UMMER,
AGED 59 YEARS
S/O PAKKAR, IRUMBIDAKANDY HOUSE, KALLURUTTY.P.O, OMASSERY
VIA, KOZHIKKODE, PIN - 673582
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:2:-
2025:KER:15559
3 ABDUL NAZAR,
AGED 58 YEARS
S/O ALIKUTTY HAJI, KAVUNGAMKUZHIYIL HOUSE, VAVAD P.O,
NELLANKANDI, KODUVALLY, KOZHIKKODE, PIN - 673572
4 V. ABDURAHIMAN,
AGED 63 YEARS
S/O MOIDEEN,VELLARAMMAL HOUSE, KAVUNGAMKUZHIYIL HOUSE, VAVAD
P.O, KODUVALLY, KOZHIKKODE, PIN - 673572
5 A.P. KUNJABDULLA,
AGED 70 YEARS
S/O MAMMAD, GREEN DAEL, PAYYOLI,KOZHIKKODE, PIN - 673522
6 V.K.ABDURAHIMAN,
AGED 60 YEARS
S/O MOIDU, VADAKKE KANJIROLI, PAYYOLI, KOZHIKKODE, PIN -
673572
7 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
8 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
9 DISTRICT ELECTION OFFICER,
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE KOZHIKODE,,
PIN - 673020
10 SECRETARY,
MUKKAM MUNICIPALITY,MUKKAM.P.O., KOZHIKODE DISTRICT, PIN -
673602
11 SECRETARY,
KODUVALLY MUNICIPALITY,KODUVALLY.P.O., KOZHIKODE DISTRICT,,
PIN - 673572
12 SECRETARY,
PAYYOLI MUNICIPALITY, PAYYOLI.P.O.,KOZHIKODE DISTRICT, PIN -
673522
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:3:-
2025:KER:15559
13 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
BY ADVS.
DEEPU LAL MOHAN
SURESH KUMAR KODOTH
ACHUTH KRISHNAN R
TC KRISHNA SCGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WP(C).537/2025, 730/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:4:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 537 OF 2025
PETITIONER/S:
ALEYAMMA @ SHINY SUNNY CHERIAN,
AGED 49 YEARS
W/O SUNNY CHERIAN, KUTTIPPURATHU, VETTIKUZHAKAVALA,
KATTAPPANA, IDUKKI, PIN - 685508
BY ADVS.
GEORGE SEBASTIAN
ADITYA T.P.
ANTONY THOMAS
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF-GOVERNMENT
DEPARTMENT, VIKASBHAVAN, THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE ELECTION COMMISSION,
REP.BY THE STATE ELECTION COMMISSIONER, OFFICE OF THE STATE
ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS
JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE STATE DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, REP. BY
ITS SECRETARY, PIN - 695033
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:5:-
2025:KER:15559
4 THE DISTRICT ELECTION OFFICER,
DISTRICT ELECTION OFFICE IDUKKI, OFFICE OF THE DISTRICT
COLLECTOR,CIVIL STATION IDUKKI RD, IDUKKI, PIN - 685603
5 THE REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
6 THE KATTAPANA MUNICIPALITY,
KATTAPANA MUNICIPAL OFFICE, KATTAPPANA, IDUKKI , REP. BY ITS
SECRETARY, PIN - 685508
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
UNNIKRISHNAN V ALAPATT
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:6:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 730 OF 2025
PETITIONER/S:
C. SAMEER,
AGED 54 YEARS
S/O. POCKU, RESIDING AT SAMHAZ, NEERCHAL, KANNUR DISTRICT,
PIN - 670003
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
SIDHARTH.R.WARIYAR
SILPA SREEKUMAR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
3 STATE DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:7:-
2025:KER:15559
4 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE
ROAD, KANNUR, PIN - 670002
5 THE KANNUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY, THALAP P.O., KANNUR, PIN -
670017
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
M.MEENA JOHN
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:8:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 1750 OF 2025
PETITIONER/S:
REJI JOHN,
AGED 53 YEARS
S/O. JOHN, PLATHOTTATHIL HOUSE, OLIYAPURAM P.O.,
KOOTHATTUKULAM, ERNAKULAM, PIN - 686662
BY ADVS.
JAMES ABRAHAM (VILAYAKATTU)
AMMU ASHOKAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE ELECTION COMMISSION,
REPRESENTED BY THE STATE ELECTION COMMISSIONER, OFFICE OF
THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX,
LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE STATE DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY, PIN -
695033
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:9:-
2025:KER:15559
4 THE DISTRICT ELECTION OFFICER,
DISTRICT ELECTION OFFICE, ERNAKULAM, CIVIL STATION,
KAKKANADU, ERNAKULAM, PIN - 682030
5 THE REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING,-II, JAISING ROAD,. NEW DELHI, PIN - 110011
6 KOOTHATTUKULAM MUNICIPALITY,
KOOTHATTUKULAM MUNICIPAL OFFICE, KOOTHATTUKULAM, ERNAKULAM
DISTRICT., REPRESENTED BY ITS SECRETARY, PIN - 686662
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
K.S.ARUN KUMAR
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:10:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 2009 OF 2025
PETITIONER/S:
1 SURESH.K
AGED 51 YEARS
S/O KUTTY KRISHNAN NAIR, RESIDING AT THAPOVANAM HOUSE,
PERIMBADARI POST, MANNARKKAD, PALAKKAD, PIN - 678762
2 MOHAMMED BASHEER.E
AGED 57 YEARS
S/O ESMAIL PILLAI, RESIDING AT SEENA NIVAS, HILL VIEW NAGAR,
PERIMBADARI P.O., MANNARKKAD, PALAKKAD, PIN - 678762
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
ANNA ROSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695033
2 STATE ELECTION COMMISSIONER
OFFICE OF THE STATE ELECTION COMMISSIONER, CORPORATION
OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:11:-
2025:KER:15559
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, PALAKKAD, PIN -
678001
5 REGISTRAR GENERAL AND CENSUS COMMISSIONER
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
6 MANNARKKAD MUNICIPALITY
MANNARKKAD, PALAKKAD, REPRESENTED BY ITS SECRETARY., PIN -
678582
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:12:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 194 OF 2025
AGAINST THE JUDGMENT DATED 18/12/2024 IN WP(C) NO.39894 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 ABDUL MUTHALIB T.P.,
AGED 70 YEARS
S/O.MAMMU T.K, RAZIYA MANZIL, KALIKADAV, PADNE, KASARGOD,
PIN - 671312
2 AHAMED SHEREEF HAJI,
AGED 66 YEARS
S/O A.R.MAHIN HAJI, BAITHUL RAHMA, THEKKEPURAM, PADNE P.O,
KASARGODE, PIN - 671312
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:13:-
2025:KER:15559
3 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
4 DELIMITATION COMMISSION, SUBSTITUTED
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 033
(THE NAME AND ADDRESS OF R3 IS SUBSTITUTED AS PER ORDER
DATED 18-11-2024 IN IA 1/24 IN WPC 39894/2024), PIN - 695033
5 DISTRICT ELECTION OFFICER;
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE
CORRECTED AND SUSTITUTED AS DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, KASARGODE, PIN -
671123 (NAME AND ADDRESS OF THE 3RD RESPONDENT SUBSTITUTED
AS R4 AND THE ADDRESS OF SUBSTITUTED R4 IS CORRECTED AS PER
ORDER DATED 18-11-2024 IN IA 3/34 IN WPC 39894/2024), PIN -
671123
6 SECRETARY,
PADNE GRAMA PANCHAYAT, KASARGODE, PIN - 671312, PIN - 671312
7 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI (THE ABOVE AMENDMENT
IS MADE VIDE ORDER DATED 18-11-2024 IN IA 1/24, 2/24 AND
3/24 IN WPC 39894/2024), PIN - 110001
BY ADVS.
DEEPU LAL MOHAN
TC KRISHNA SCGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025 DELIVERED THE
FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:14:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 198 OF 2025
AGAINST THE JUDGMENT 18/12/2024 DATED IN WP(C) NO.39810 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
GOVERNMENT PLEADER
ADVOCATE GENERAL OFFICE KERALA
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 AYYOOB.M.P.K.,
AGED 44 YEARS
S/O. YOUSUF, BUSINESS, RESIDING AT PUTHAN MADATHIL HOUSE,
PERINGATHUR.P.O, THALASSERY TALUK, KANNUR DISTRICT, PIN -
670675
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:15:-
2025:KER:15559
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, KANNUR,, PIN -
670002
5 SECRETARY, PANOOR MUNICIPALITY,
PANOOR.P.O., KANNUR DISTRICT,, PIN - 670692
BY ADVS.
DEEPU LAL MOHAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025 DELIVERED THE
FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:16:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 199 OF 2025
AGAINST THE JUDGMENT DATED 18/12/2024 IN WP(C) NO.40592 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
GOVERNMENT PLEADER
ADVOCATE GENERAL OFFICE KERALA
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 E.P.SHAMSUDHEEN,
AGED 57 YEARS
S/O T P UMMER, DARUL FALAH, PALOTTUPALLY P.O., MATTANNUR,
CHAVASSERY, KANNUR, PIN - 670702
2 O.K.PRASAD KUMAR,
AGED 44 YEARS
S/O KUNHIRAMAN NAMBIAR, MANGALATHVAYAL, METTADI P.O.,
PORORACHAVASSERY, KANNUR, PIN - 670702
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:17:-
2025:KER:15559
3 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
4 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
5 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, KANNUR, PIN -
670002
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
7 SECRETARY,
MATTANNUR MUNICIPALITY, MATTANNUR, KANNUR, PIN - 670702
BY ADVS.
DEEPU LAL MOHAN
P.V.ANOOP
TC KRISHNA SCGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025 DELIVERED THE
FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:18:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 201 OF 2025
AGAINST THE JUDGMENT DATED 18/12/2024 IN WP(C) NO.40460 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
BY ADVS.
GOVERNMENT PLEADER
ADVOCATE GENERAL OFFICE KERALA
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 ABDUL HAKKIM RASI,
AGED 43 YEARS
S/O ABDUL SALAM, CHIRACKAL HOUSE, SANKARAMNAGALAM, CKM
COLONY, PATTAMBI, PALAKKAD, PIN - 679303
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:19:-
2025:KER:15559
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, PALAKKAD, PIN -
678001
5 SECRETARY,
PATTAMBI MUNICIPALITY,PATTAMBI.P.O., PALAKKAD DISTRICT, PIN
- 679303
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NDCC BUILDING-
II, JAISINGH ROAD, NEW DELHI, PIN - 110001
BY ADVS.
DEEPU LAL MOHAN
HAROON RASHEED A
TC KRISHNA SCGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025 DELIVERED THE
FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:20:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 203 OF 2025
AGAINST THE JUDGMENT DATED 18/12/2024 IN WP(C) NO.39939 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY
SHRI K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 GEO JACOB,
AGED 49 YEARS
S/O. VARKEY, PUTHUPPARAMBIL, CHEMPANTHOTTY P.O., KANNUR, PIN
- 670631
2 MOHANAN M. P.,
AGED 63 YEARS
ADVOCATE, S/O. KRISHNAN, ‘AKHILAM', KOOTTUMUGHAM P.O.,
KANNUR, PIN - 670631
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:21:-
2025:KER:15559
3 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
4 STATE DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
5 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE
ROAD, KANNUR, PIN - 670002
6 SREEKANDAPURAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,SREEKANDAPURAM, KANNUR, PIN -
670631
7 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
BY ADVS.
DEEPU LAL MOHAN
ACHUTH KRISHNAN R
TC KRISHNA SCGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025 DELIVERED THE
FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:22:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WA NO. 204 OF 2025
AGAINST THE JUDGMENT DATED 18/12/2024 IN WP(C) NO.39989 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT/S:
STATE OF KERALA, REPRESENTED BY THE SECRETARY,
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
GOVERNMENT PLEADER
ADVOCATE GENERAL OFFICE KERALA
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
RESPONDENT/S:
1 ANWAR ALI.K.,
AGED 47 YEARS
S/O MUHAMMED KUTTY, AGED 47 YEARS, ARAFA HOME 8/4, CHUNGAM
FEROKE, KOZHIKKODE, PIN - 673631
2 K.M. HANEEFA,
AGED 46 YEARS
S/O ACHAMU.K,PULLUNNIPPADAM HOUSE,
KARUVANTHURUTHI.P.O,FEROKE, KOZHIKKODE, PIN - 673631
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:23:-
2025:KER:15559
3 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
4 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
COMPLEX, LMS JUNCTION,PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
5 DISTRICT ELECTION OFFICER,
[OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD - 678
001] CORRECTED. (THE ADDRESS OF THE 4TH RESPONDENT IS
CORRECTED AS "DISTRICT ELECTION OFFICER, OFFICE OF DISTRICT
COLLECTOR, COLLECTORATE, KOZHIKODE, PIN 673020" AS PER ORDER
DATED 18.11.2024 IN I.A.1/2024 IN WP(C)39989/2024), PIN -
678001
6 SECRETARY,
FEROKE MUNICIPALITY, FEROKE.P.O., KOZHIKODE DISTRICT, PIN -
673602
7 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NDCC BUILDING-
II, JAISINGH ROAD,NEW DELHI, PIN - 110001
BY ADVS.
DEEPU LAL MOHAN
ACHUTH KRISHNAN R
TC KRISHNA SCGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2025, ALONG WITH
WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025 DELIVERED THE
FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:24:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 4176 OF 2025
PETITIONER/S:
ROY ABRAHAM,
AGED 61 YEARS
S/O N I ABRAHAM,CHATHAMTHADATHIL, EDAYAR, EDAYAR P
O,KOOTHATTUKULAM, ERNAKULAM,KERALA, PIN - 686662
BY ADVS.
GAYATHRI MURALEEDHARAN
BONNY BABY
ARCHANA B.
NAEEM
RESPONDENT/S:
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
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:25:-
2025:KER:15559
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
BY SHRI K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI DEEPULAL MOHAN
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:26:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 5948 OF 2025
PETITIONER/S:
1 JACOB SEBASTIAN,
AGED 60 YEARS
S/O SEBASTAIN, KOOTUNGAL HOUSE, ONDAYANGADI, VEMOM P.O,
WAYANAD DISTRICT, PIN - 670645
2 V.U JOY,
AGED 55 YEARS
S/O ULAHANNAN, VILAYANICKAL HOUSE, KANIYARAM, MANANTHAVADY
POST, WAYANAD DISTRICT, PIN - 670645
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMSJ UNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:27:-
2025:KER:15559
3 STATE 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,CIVIL STATION, KALPETTA,
WAYANAD, PIN - 673121
5 MANANTHAVADY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,MANANTHAVADY, WAYANAD, PIN -
670645
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,NDCC BUILDING-
II, JAISINGH ROAD, NEWDELHI, PIN - 110001
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA
DEEPU LAL MOHAN
SANTHARAM.P
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:28:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 43470 OF 2024
PETITIONER/S:
AJITHAKUMAR K
AGED 58 YEARS
S/O KUNJUKUTTAN NAIR, KRUMATHIL, MUNDATHICODE, THRISSUR,
KERALA, PIN - 680601
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
ABEE SHEJIRIK FASLA N.K
NANDA SURENDRAN
SAHAL SHAJAHAN
AQUIN KURUVILLA TOM
M.N.MOHAMMED HUSSAIN
RESPONDENT/S:
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
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:29:-
2025:KER:15559
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, THRISSUR, PIN -
680003
5 SECRETARY
WADAKKANCHERRY MUNICIPALITY, THRISSUR, PIN - 680623
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:30:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 46191 OF 2024
PETITIONER/S:
1 K ABDUL KHADER
AGED 61 YEARS
S/O KUNJAHAMMED, KOMBIL HOUSE, PACHILALAM, CHAVASSERY,
OLIYIL, KANNUR-, PIN - 670702
2 ASHRAF CHUNGHASTHASNATH KUNNUMPURAM
AGED 45 YEARS
S/O C MOIDEENKUTTY, FATHIMA MANZIL, OLD POST OFFICE,
CHAVASSERY, KANNUR-, PIN - 670702
BY ADVS.
P.E.SAJAL
AJAS K.S.
MUHAMMED HISHAM T.
RESPONDENT/S:
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
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:31:-
2025:KER:15559
3 DELIMITATION COMMISSION
REPRESENTED BY ITS SECRETARY OFFICE OF THE STATE ELECTION
COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANATHAPURAM-, PIN - 695033
4 DISTRICT ELECTION OFFICER [CORRECTED]
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD-678001
[DISTRTICT ELECTION OFFICER, OFFICE OF DISTRICT COLLECTOR,
COLLECTORATE, KANNUR 670 002 (THE ADDRESS OF THE 4TH
RESPONDENT IS CORRECTED AS PER ORDER DATED 03.02.2025 IN
I.A.1/2024 IN WP(C)46191/2024)]
5 THE SECRETARY
IRITTY MUNICIPALITY, IRITTY, KANNUR DIST, PIN - 670703
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
RAVI SANKAR P K
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:32:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 46523 OF 2024
PETITIONER/S:
MUHAMMED FAISAL
AGED 48 YEARS
S/O MARAKKAR, THATTARAKKADAN, ANAMULI, THENKARA, MANNARKAD,
PALAKKAD, PIN - 678582
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
ABEE SHEJIRIK FASLA N.K
NANDA SURENDRAN
SAHAL SHAJAHAN
AQUIN KURUVILLA TOM
M.N.MOHAMMED HUSSAIN
RESPONDENT/S:
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
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:33:-
2025:KER:15559
3 DELIMITATION COMMISSION
OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
4 DISTRICT ELECTION OFFICER
DISTRICT ELECTION OFFICER, OFFICE OF DISTRICT COLLECTOR,
COLLECTORATE, PALAKKAD, PIN - 678001
5 SECRETARY
THENKARAGRAMA PANCHAYAT, MANNARKAD-II, PALAKKAD, PIN -
678582
6 REGISTRAR GENERAL AND CENSUS COMMISSIONER
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD, NEW DELHI, PIN - 110001
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
DEEPU LAL MOHAN
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:34:-
2025:KER:15559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 46542 OF 2024
PETITIONER/S:
1 ALLAMKULAM MAHAMMOOD,
AGED 54 YEARS
S/O. ABDU,AGED 54 YEARS, 11/40, ALLAMKULAM STREET NO.7,
TALIPARAMBA, KANNUR, KERALA, PIN - 670142
2 ABDUL SAMAD.P.P,
AGED 54 YEARS
S/O. IBRAHIM MUSLIYAR KV,ZAINABA MANZIL, KADAMBERY,
P.O.KANUL, TALIPARAMBA,KANNUR, KERALA, PIN - 670562
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
ABEE SHEJIRIK FASLA N.K
NANDA SURENDRAN
SAHAL SHAJAHAN
AQUIN KURUVILLA TOM
M.N.MOHAMMED HUSSAIN
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:35:-
2025:KER:15559
RESPONDENT/S:
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, KANNUR, PIN -
670002
5 SECRETARY,
THALIPPARAMBA MUNICIPALITY, KANNUR, PIN - 670141
6 SECRETARY,
SECRETARY, ANTHOOR MUNICIPALITY, KANNUR, PIN - 670563
7 REGISTRAR GENERAL AND CENSUS COMMISSIONER,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC
BUILDING-II, JAISINGH ROAD,NEW DELHI, PIN - 110001
BY ADVS.
K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL()
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA
SHRI.P.NARAYANAN, SC, ANTHOOR MUNICIPALITY
SHRI.V.MANU, SENIOR G.P.(GP-46)
SMT.DEEPA K.R., SPL.G.P.(LSGD)()
TC KRISHNA SCGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2025,
ALONG WITH WA.202/2025 AND CONNECTED CASES, THE COURT ON 24.02.2025
DELIVERED THE FOLLOWING:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
-:36:-
2025:KER:15559
JUDGMENT "C.R"
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025 &
W.P.(C).Nos.43470/2024, 46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025,
2009/2025, 4176/2025, 5948/2025]
Dated this the 24th day of February, 2025
A.Muhamed Mustaque, J.
These appeals and writ petitions address the same issue
regarding the validity of a government notification that increased the
number of seats in the Village Panchayat under the Kerala Panchayat
Raj Act, 1994, and in the Town Panchayat Municipality within
Municipal Corporations under the Kerala Municipality Act, 1994
(collectively referred to as Local Authorities). The relevant statutory
provisions for determining the strength of these bodies are found in
Section 6 of both Acts. The central question is whether the
Government has the authority to issue a notification under Section
6(1) of the Kerala Panchayat Raj Act and Section 6(1) of the Kerala
Municipality Act to increase the strength of the local authority without
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
a fresh census to determine the population of the local authority's
territorial area, as required under Section 6(2) of the respective
statutes. Some of the cases also challenge the amendment of the
statutory provision that increased the strength of the local authority.
2. A learned Single Judge in a series of writ petitions held the
view that the determination of strength for the formation of a
Municipality or Panchayat can only be ascertained based on the most
current census data reflecting the population.
3. The issue arose following an amendment in 2024 that
increased the strength of the local authority. The argument was that
the Government cannot simply notify an increase in strength based
on a change in statutory provisions without following the prescribed
legal procedure, which includes altering the notification according to
each census. Additionally, the amendment to the statutory provisions
increasing the strength is also being challenged. The challenge was
made before this Court by residents of the Grama Panchayat,
Municipality etc.
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
4. Before proceeding further, it is appropriate to refer to the
relevant statutory provisions to understand the arguments.
4. i. Section 6 of the Kerala Panchayat Raj Act,1994 refers to
the strength of Panchayats as follows:
"6. Strength of Panchayats. (1) The total number of seats in a Village Panchayat,
a Block Panchayat and a District Panchayat to be filled by direct election shall be
notified by the Government in accordance with the scale specified in sub-section
(3) with reference to the population of the territorial area of the panchayat
concerned.
(2) The Government may after publication of the relevant figures of each census,
by notification alter the total number of seats in a Panchayat notified under sub-
section (1) subject to the scale specified in sub-section (3).
(3) The number of seats to be notified under sub-section (1) or sub-section (2)
shall not, -
(a) in these case of Village Panchayat, be less than fourteen or more than twenty
four;
(b) in these case of a Block Panchayat, be less than fourteen or more than twenty
four;
(c) in these case of a District Panchayat, be less than seventeen or more than
thirty three;
Provided that the ratio between the population of the territorial area of a
Panchayat at any level and the number of seats in such Panchayats to be filled by
election shall, so far as practicable, be the same throughout the State.
(4) The procedure for fixing the strength of a Panchayat shall be such as may be
prescribed."
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
4. ii. Section 6 of the Municipality Act, 1994 reads as follows:
"6. Constitution of Council. (1) The Government shall, in accordance with the
criteria specified in sub-section (3), notify the total number of seats of the
Councillors to be filled up by direct election in a Town Panchayat, Municipality and
Municipal Corporation considering the population of the area of the Municipality
concerned.
(2) The Government may, after publishing the relevant data according to each
census, vary the total number of seats of Councillors in a Municipality notified
under sub-section (1) subject to the criteria specified in sub-section (3).
(3) The number of seats of Councillors notified under sub-section (1) or sub-
section (2), shall be,-
(a) In the case of a Town Panchayat or a Municipal Council,-
(i) Twenty-six, where the population in the area of the Town Panchayat or Municipal
Council does not exceed twenty thousand, and
(ii) Where the population of the Town Panchayat or Municipal Council exceeds
twenty thousand, twenty-six councillors for the population of first twenty
thousand, and one each for every two thousand and five hundred of the population
exceeding twenty thousand, subject to a maximum of fifty-three Councillors;
(b) In the case of a Municipal Corporation,-
(i) fifty-six, where the population in the area of the Municipal Corporation does not
exceed four lakhs, and
(ii) Where the population exceeds four lakhs, fifty-six councilors for the population
of first four lakhs and one each for every ten thousand and one exceeding four
lakhs subject to a maximum of one hundred and one Councillors.
(4) The Councillors of every Municipality shall be elected by direct election.
(5) Specified seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes in every Municipality. The number of seats to be reserved in a Municipality
shall be determined by the Government. The number of seats so reserved shall
bear, as nearly as may be, the same proportion to the total number of seats to be
filled by direct election in that Municipality as the population of the Scheduled
Castes in the municipal area or of the Scheduled Tribes in the municipal area bears
to the total population of that area and such seats may be allotted by rotation to
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
different wards in a Municipality as the State Election Commission or an officer
authorised by it may, determine for each general election:
Provided that where the population of the Scheduled Castes or the Scheduled
Tribes in a municipal area is not sufficient to make them eligible for the reservation
of any seat, one seat shall be reserved in that Municipality for the Scheduled
Castes or the Scheduled Tribes having higher population.
(6) Fifty per cent (in the case of fraction, it shall be fixed to the next higher integer)
of the total number of seats reserved under sub-section (5) shall be reserved for
women belonging to the Scheduled Castes, or as the case may be, the Scheduled
Tribes:
Provided that where the number of seats reserved for the Scheduled Castes or as
the case may be, the Scheduled Tribes under sub-section (5) is only one, that seat
need not be reserved for women belonging to the Scheduled Castes or, as the case
may be, the Scheduled Tribes.
(7) Fifty per cent (in the case of fraction, it shall be fixed to the next higher integer)
(including the number of seats reserved for women belonging to the Scheduled
Castes and Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality shall be reserved by the Government for women and
such seats may be allotted by rotation to different wards in a Municipality as the
State Election Commission or an officer authorised by it may, by notification in the
Gazette, determine for each general election.
(8) Nothing contained in sub-sections (5) to (7) shall be deemed to prevent
persons belonging to the Scheduled Castes, Scheduled Tribes or Women from
being a candidate to the election to the unreserved seats in a Municipality.
(9) The officer authorised in this behalf by the State Election Commission shall, by
draw of lots, determine the wards to which seats reserved for Scheduled Castes
and Scheduled Tribes under sub-section (5) and for Women under sub-sections
(6) and (7) are to be allotted by rotation at such time and on such date and at
such place as may be notified by the Commission.
(10) Immediately after deciding the reserved wards under sub-section (9), the
State Election Commission shall notify the list of wards so reserved, in the manner
prescribed."
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
SUBMISSIONS:
5. The learned Senior Counsel, Shri George Poonthottam,
appearing for one of the writ petitioners, argued that the power to
issue notification under Section 6(1) of the Kerala Panchayat Raj Act
is circumscribed by the statutory provision under Section 6(2), which
mandates placing relevance on figures of each census. It was
submitted that the last census was conducted in the year 2011 and
the strength of the Panchayat, Municipality and Municipal Corporation
was fixed based on the population referred to in such census and
therefore, any alteration as referred in sub-section (2) of Section 6
of both Legislations can be based only on a fresh census. It was
submitted that in the notification issued under Section 6(1), the
Government had cited the increase of population as a reason for
issuing the notification without reference to relevant figures in the
census. The exercise of alteration of the total number of seats can
only be done through a fresh census as contemplated under sub-
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
section (2) of Section 6. It is submitted that under Section 6(2), it is
stipulated that alteration of the total number of seats by the
Government shall be made by relying on the figures of each census.
It is their argument that Section 6(1) notification increasing the
strength of Panchayat and Municipality without undertaking a fresh
census is illegal and contrary to the statutory provisions. The learned
counsel also submitted that it is a mandate of Section 69 of the
Municipality Act as well as Section 10 of the Panchayat Raj Act that
the population of each constituency as far as practicable be the same
in a Panchayat area and Municipality. Therefore, the amendment
brought to Section 6(3), increasing the strength of members of the
local authority is a colourable exercise of legislative power without
there being relevant figures undertaken through the census.
6. Adv. Mohammed Shah appearing for some of the writ
petitioners placed reliance on the judgment of the Apex Court in
Opto Circuit India Ltd. v. Axis Bank and Others [AIR 2021 SC
753], submitted that when a particular act has to be done in a
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
particular manner, deviating from the procedure will render any
notification issued under Section 6(1) as illegal. The learned counsel
also placed reliance on the judgment of the Apex Court in Dravida
Munnetra Kazhagam v. Secretary Governors Secretariat and
Others [(2020) 6 SCC 548] and submitted that the delimitation
process must be undertaken in accordance with the constitutional
object of Part IX of the Constitution. The learned counsel submits
that the 'population' has been defined under Article 243-P(g) as
"ascertained at the last preceding census of which the relevant
figures have been published" to substantiate his point that population
figures based on the fresh census are required to alter the strength
of the local authority.
7. It is further argued by the learned counsel Adv.
Mohammed Shah that the exercise now undertaken by the
Government in altering the strength is not in accordance with Section
6(2) of both the enactments and there is no bar under law in
questioning such illegal exercise. The learned counsel placed reliance
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
on the Apex Court judgment in Kishorchandra Chhanganlal
Rathod v. Union of India and Others [(2024) 7 SCR 1124]. The
learned counsel placed reliance on the judgment of the Orissa High
Court in Brundaban Chandra Dhir Narendra v. The State of
Orissa in the Revenue Department and Others [AIR 1953
ORISSA 121] and further submitted that any statutory power
exercised with ulterior motives is questionable before the
Constitutional court.
8. The learned Senior Counsel Shri George Poonthottam
submitted that the notification issued by the Government is a
colourable exercise of power as a political tool under the camouflage
of invoking statutory provisions. The learned Senior Counsel further
submitted that once the strength of the local authority is determined
based on the census in the year 2011, it cannot be altered without
any reason. Therefore, in the absence of any reasons, this exercise
is nothing but a misuse of the executive power of the Government.
The learned Senior Counsel reiterated that alteration of strength is
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
only possible based on relevant figures of the population in the fresh
census and not based on the census already relied on to fix the
strength of the present local bodies.
9. The learned counsel Shri R. Surendran, apart from
reiterating the submission made by the learned Senior Counsel Shri
George Poonthottam and learned counsel Shri Mohammed Shah
raised one more ground to challenge. According to him, notification
under Section 6(1) can be issued only after undertaking a new census
as referred under Section 6(2) as Section 4 of the Municipality Act is
constituted based on the notification issued under Section 6(1).
Therefore, any further alteration is possible either based on a fresh
census or only based on the Government exercising power under
Section 4(2) of the Municipality Act, making changes or alterations
to the nature and composition of the existing body. The learned
counsel Shri R.Surendran placed reliance on the judgment of the
Apex Court in State of Goa v. Fouziya Imtiaz Shaikh and
Another [2021 KHC 6161], and submitted that the jurisdiction of
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
this Court is not affected to challenge the illegal act of the
Government altering the strength of local authority.
10. The learned Advocate General appearing for the State
submitted that the strength of the local authority is fixed by the State
exercising legislative power and therefore, it is a prelude to the
delimitation process and there is a bar under Article 243-O of the
Constitution for this Court to interfere with the validity of any law
relating to delimitation of the Constituencies. The learned Advocate
General placed reliance on the judgment of the Apex Court in
Fouziya Imtiaz Shaikh's (supra).
11. The learned Advocate General submitted that it is for the
Government to decide in what manner areas of the local body will
have to be delimited in conformity with Constitutional provisions and
statutory provisions. Placing reliance on State of U.P. and Others
v. Pradhan Sangh Kshettra Samiti and Others [1995 Supp (2)
SCC 305], the learned Advocate General submitted that the present
act of the Government notifying increase of strength is according to
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
the criteria prescribed under Section 6(3). The learned Advocate
General also placed reliance on the judgment dated 22.10.2024 of a
learned Single Judge of the High Court of Chhattisgarh at Bilaspur in
W.P.(C). No.3693/2024 & connected cases to argue that there
is no bar for the Government to undertake the delimitation process
based on the census already relied on for the determination of the
earlier number of wards in each local authority.
FINDINGS OF LEARNED SINGLE JUDGE IN THE COMMON
JUDGMENT IN W.P.(C).No.39989/2024 & CONN.CASES,
DATED 18/12/2024:
12. The learned Single Judge was of the view that on the
constitution of the local authority, the Government is given power
under Section 6(1) to notify the total number of seats to be filled
considering the population of the area, based on census. Once such
fixation is done, it can be varied under Section 6(2) after the
publication of the relevant data according to each census. The
learned Single Judge related the delimitation process with the
relevant figures in the census. According to the learned Single Judge,
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
once the delimitation process is exercised relying on relevant figures
in the census, in this case, 2011, further delimitation can be made
only based on current data. According to the learned Single Judge,
conducting a delimitation process using outdated or previously used
data undermines the validity of the exercise and contradicts Section
6(2) of both enactments. The learned Single Judge is of the view
that the population referred to must be based on the officially
published census as referred to in Article 243(e) and (g) of the
Constitution. Therefore, the Government cannot vary the number of
seats based on earlier census rendering the very objective of Section
6(2) redundant. The learned Single Judge, noting that an exercise
already undertaken based on the census in 2011 to fix the strength,
opined that the present notification which is under challenge is legally
unsustainable.
13. After hearing submissions, we find that the following points
need to be considered in this matter:
I. Does the challenge to Section 6(3), which modifies the
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
strength of the local authority, fall within the scope of the delimitation
process and thereby attract the bar under Article 243-O of the
Constitution?
II. Does the impugned notification violate the mandatory
procedure for altering the strength of the local authority?
Point I.
14. Article 243-O of the Constitution places a complete bar on
the Court to entertain the validity of law relating to the delimitation
of constituencies or allotment of seats to such constituencies. The
Constitution did not define delimitation. Delimitation is normally
understood as a process of changing the boundary of the
Constituency. In V. Ramachandra Reddy and Another v. State of
Andhra Pradesh And Others [AIR 1965 AP 40], the High Court
of Andhra Pradesh has observed that "The word 'delimit' in its natural
sense means 'to mark out as a boundary' to bound; to mark or
determine the limits of; to define as a limit or boundary".
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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15. There cannot be any dispute that consequent upon the
increase of strength, the boundaries of the wards in the local
authority could be altered. This alteration is the delimitation.
Therefore, there is a constitutional bar for this Court to entertain a
challenge to Section 6(3). The amendment made to Section 6(3) by
the State Legislature increased the strength of the Councillors.
Further, there is no scope for entertaining any challenge questioning
the vires of the amendment made to Section 6(3) as it is within the
competence of State Legislation and it does not involve violation of
fundamental rights of the writ petitioners. Also, we cannot say that
there is any manifest arbitrariness on the part of the legislature to
increase the strength of the local authority. Therefore, the challenge
of questioning the amendment made to Section 6(3) of both the
enactments must fail.
Point II.
16. The Constitution envisions local authorities as elected
democratic bodies. Part IX of the Constitution pertains to Panchayats,
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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while Part IX-A deals with Municipalities. Article 243-B mandates the
State to constitute Panchayats at the village, intermediate, and
district levels. The proviso to Article 243-C stipulates that the ratio
between the population of a Panchayat's territorial area and the
number of elected seats within it shall remain uniform across the
State.
17. Article 243-P(g) defines population as ascertained at the
last preceding census of which the relevant figures have been
published. Therefore, the argument of the petitioners proceeds on
the premise that once based on population, the strength of a local
authority is fixed, it cannot be altered without obtaining relevant
figures by a fresh census.
18. The Kerala Municipality Act, 1994 outlines the constitution
of the Municipal Council, which is formed based on the determination
of the number of Councillors in proportion to the population. In 1994,
the number of Councillors was set at 16 for a population not
exceeding 20,000, with an additional four Councillors for every
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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increment of 10,000 in a population beyond 20,000. Over time,
multiple amendments were introduced, adjusting the strength of
Councillors. These successive amendments, culminating in the latest
revision that increased the number of Councillors in local bodies,
consistently demonstrate that the strength is determined based on
the population ratio. There is little dispute regarding this method of
fixing the strength of Councillors.
19. Section 6(1) of both enactments states that the
Government shall notify the number of seats of the Councillors
considering the population of the area of the local body following the
criteria specified in sub-section (3). Sub-section (3) fixes the criteria
based on population. It provides the minimum number of councillors
as well as the maximum number of councillors. Before the
amendment made in the year 2024, the maximum number of
councillors was less than in the amended provision in 2024.
20. It is appropriate to have a comparative study of the
provisions of both the enactments before and after the amendment:
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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20.i. Section 6 of The Kerala Panchayat Act,1994 before and
after the 2024 amendment is extracted below:
Before Amendment, 2024 After Amendment, 2024
6. Strength of Panchayats. (1) The total 6. Strength of Panchayats. (1) The total
number of seats in a Village Panchayat, a number of seats in a Village Panchayat, a
Block Panchayat and a District Panchayat to Block Panchayat and a District Panchayat to
be filled by direct election shall be notified by be filled by direct election shall be notified by
the Government in accordance with the scale the Government in accordance with the scale
specified in sub-section (3) with reference to specified in sub-section (3) with reference to
the population of the territorial area of the the population of the territorial area of the
panchayat concerned. panchayat concerned.
(2) The Government may after publication of (2) The Government may after publication of
the relevant figures of each census, by the relevant figures of each census, by
notification alter the total number of seats in notification alter the total number of seats in
a Panchayat notified under sub-section (1) a Panchayat notified under sub-section (1)
subject to the scale specified in sub-section subject to the scale specified in sub-section
(3). (3).
(3) The number of seats to be notified under (3) The number of seats to be notified under
sub-section (1) or sub-section (2) shall not, sub-section (1) or sub-section (2) shall not,
- -
(a) in these case of Village Panchayat, be (a) in these case of Village Panchayat, be
less than thirteen or more than twenty- less than fourteen or more than twenty four;
three; (b) in these case of a Block Panchayat, be
(b) in these case of a Block Panchayat, be less than fourteen or more than twenty four;
less than thirteen or more than twenty- (c) in these case of a District Panchayat, be
three; less than seventeen or more than thirty
(c) in these case of a District Panchayat, be three;
less than sixteen or more than thirty-two; Provided that the ratio between the
Provided that the ratio between the population of the territorial area of a
population of the territorial area of a Panchayat at any level and the number of
Panchayat at any level and the number of seats in such Panchayats to be filled by
seats in such Panchayats to be filled by election shall, so far as practicable, be the
election shall, so far as practicable, be the same throughout the State.
same throughout the State. (4) The procedure for fixing the strength of
a Panchayat shall be such as may be
(4) The procedure for fixing the strength of prescribed.
a Panchayat shall be such as may be
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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prescribed.
20.ii. Section 6 of The Kerala Municipality Act, 1994 before and
after 2024 amendment is extracted below:
Before Amendment, 2024 After Amendment, 2024
6. Constitution of Council. (1) The 6. Constitution of Council. (1) The
Government shall, in accordance with the Government shall, in accordance with the
criteria specified in sub-section (3), notify criteria specified in sub-section (3), notify
the total number of seats of the Councillors the total number of seats of the Councillors
to be filled up by direct election in a Town to be filled up by direct election in a Town
Panchayat, Municipality and Municipal Panchayat, Municipality and Municipal
Corporation considering the population of Corporation considering the population of
the area of the Municipality concerned. the area of the Municipality concerned.
(2) The Government may, after publishing (2) The Government may, after publishing
the relevant data according to each census, the relevant data according to each census,
vary the total number of seats of Councillors vary the total number of seats of Councillors
in a Municipality notified under sub-section in a Municipality notified under sub-section
(1) subject to the criteria specified in sub- (1) subject to the criteria specified in sub-
section (3). section (3).
(3) The number of seats of Councillors (3) The number of seats of Councillors
notified under sub-section (1) or sub-section notified under sub-section (1) or sub-section
(2), shall be,- (2), shall be,-
(a) In the case of a Town Panchayat or a (a) In the case of a Town Panchayat or a
Municipal Council,- Municipal Council,-
(i) Twenty-five, where the population in the (i) Twenty-six, where the population in the
area of the Town Panchayat or Municipal area of the Town Panchayat or Municipal
Council does not exceed twenty thousand, Council does not exceed twenty thousand,
and and
(ii) Where the population of the Town (ii) Where the population of the Town
Panchayat or Municipal Council exceeds Panchayat or Municipal Council exceeds
twenty thousand, twenty-five councillors for twenty thousand, twenty-six councillors for
the population of first twenty thousand, and the population of first twenty thousand, and
one each for every two thousand and five one each for every two thousand and five
hundred of the population exceeding twenty hundred of the population exceeding twenty
thousand, subject to a maximum of fifty-two thousand, subject to a maximum of fifty-
Councillors; three Councillors;
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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(b) In the case of a Municipal Corporation,- (b) In the case of a Municipal Corporation,-
(i) fifty-five, where the population in the area (i) fifty-six, where the population in the area
of the Municipal Corporation does not exceed of the Municipal Corporation does not exceed
four lakhs, and four lakhs, and
(ii) Where the population exceeds four lakhs, (ii) Where the population exceeds four lakhs,
fifty-five councilors for the population of first fifty-six councilors for the population of first
four lakhs and one each for every ten four lakhs and one each for every ten
thousand exceeding four lakhs subject to a thousand and one exceeding four lakhs
maximum of one hundred Councillors. subject to a maximum of one hundred and
(4) The Councillors of every Municipality one Councillors.
shall be elected by direct election. (4) The Councillors of every Municipality
(5) Specified seats shall be reserved for the shall be elected by direct election.
Scheduled Castes and the Scheduled Tribes (5) Specified seats shall be reserved for the
in every Municipality. The number of seats to Scheduled Castes and the Scheduled Tribes
be reserved in a Municipality shall be in every Municipality. The number of seats to
determined by the Government. The number be reserved in a Municipality shall be
of seats so reserved shall bear, as nearly as determined by the Government. The number
may be, the same proportion to the total of seats so reserved shall bear, as nearly as
number of seats to be filled by direct election may be, the same proportion to the total
in that Municipality as the population of the number of seats to be filled by direct election
Scheduled Castes in the municipal area or of in that Municipality as the population of the
the Scheduled Tribes in the municipal area Scheduled Castes in the municipal area or of
bears to the total population of that area and the Scheduled Tribes in the municipal area
such seats may be allotted by rotation to bears to the total population of that area and
different wards in a Municipality as the State such seats may be allotted by rotation to
Election Commission or an officer authorised different wards in a Municipality as the State
by it may, determine for each general Election Commission or an officer authorised
election: by it may, determine for each general
Provided that where the population of the election:
Scheduled Castes or the Scheduled Tribes in Provided that where the population of the
a municipal area is not sufficient to make Scheduled Castes or the Scheduled Tribes in
them eligible for the reservation of any seat, a municipal area is not sufficient to make
one seat shall be reserved in that them eligible for the reservation of any seat,
Municipality for the Scheduled Castes or the one seat shall be reserved in that
Scheduled Tribes having higher population. Municipality for the Scheduled Castes or the
(6) Fifty per cent (in the case of fraction, it Scheduled Tribes having higher population.
shall be fixed to the next higher integer) of (6) Fifty per cent (in the case of fraction, it
the total number of seats reserved under shall be fixed to the next higher integer) of
sub-section (5) shall be reserved for women the total number of seats reserved under
belonging to the Scheduled Castes, or as the sub-section (5) shall be reserved for women
case may be, the Scheduled Tribes: belonging to the Scheduled Castes, or as the
Provided that where the number of seats case may be, the Scheduled Tribes:
reserved for the Scheduled Castes or as the Provided that where the number of seats
case may be, the Scheduled Tribes under reserved for the Scheduled Castes or as the
sub-section (5) is only one, that seat need case may be, the Scheduled Tribes under
not be reserved for women belonging to the sub-section (5) is only one, that seat need
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
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Scheduled Castes or, as the case may be, the not be reserved for women belonging to the
Scheduled Tribes. Scheduled Castes or, as the case may be, the
(7) Fifty per cent (in the case of fraction, it Scheduled Tribes.
shall be fixed to the next higher integer) (7) Fifty per cent (in the case of fraction, it
(including the number of seats reserved for shall be fixed to the next higher integer)
women belonging to the Scheduled Castes (including the number of seats reserved for
and Scheduled Tribes) of the total number of women belonging to the Scheduled Castes
seats to be filled by direct election in every and Scheduled Tribes) of the total number of
Municipality shall be reserved by the seats to be filled by direct election in every
Government for women and such seats may Municipality shall be reserved by the
be allotted by rotation to different wards in a Government for women and such seats may
Municipality as the State Election be allotted by rotation to different wards in a
Commission or an officer authorised by it Municipality as the State Election
may, by notification in the Gazette, Commission or an officer authorised by it
determine for each general election. may, by notification in the Gazette,
(8) Nothing contained in sub-sections (5) to determine for each general election.
(7) shall be deemed to prevent persons (8) Nothing contained in sub-sections (5) to
belonging to the Scheduled Castes, (7) shall be deemed to prevent persons
Scheduled Tribes or Women from being a belonging to the Scheduled Castes,
candidate to the election to the unreserved Scheduled Tribes or Women from being a
seats in a Municipality. candidate to the election to the unreserved
(9) The officer authorised in this behalf by seats in a Municipality.
the State Election Commission shall, by draw (9) The officer authorised in this behalf by
of lots, determine the wards to which seats the State Election Commission shall, by draw
reserved for Scheduled Castes and of lots, determine the wards to which seats
Scheduled Tribes under sub-section (5) and reserved for Scheduled Castes and
for Women under sub-sections (6) and (7) Scheduled Tribes under sub-section (5) and
are to be allotted by rotation at such time for Women under sub-sections (6) and (7)
and on such date and at such place as may are to be allotted by rotation at such time
be notified by the Commission. and on such date and at such place as may
(10) Immediately after deciding the reserved be notified by the Commission.
wards under sub-section (9), the State (10) Immediately after deciding the reserved
Election Commission shall notify the list of wards under sub-section (9), the State
wards so reserved, in the manner Election Commission shall notify the list of
prescribed. wards so reserved, in the manner
prescribed.
21. The Government without awaiting a fresh census, on the
strength of the amendment made in Section 6(3), issued the
impugned notification under Section 6(1). This resulted in a
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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challenge. The petitioners who challenged the notification argue that
once the exercise is carried out under Section 6(1), any alteration of
the strength can be only based on a fresh census or based on an
alteration of the local body as referred to under Section 4 of the
Municipality Act.
22. The statutory provision is explicitly clear in establishing
that the legislature holds the authority to determine the minimum
and maximum strength of Councillors under Section 6(3). The
legislative competence to set a maximum limit cannot be questioned;
rather, the focus lies on ensuring adherence to the prescribed
procedure. Once the legislature defines the minimum and maximum
strength, judicial review of this determination falls outside the
Court's purview. After setting these limits, the Government must
notify the total number of seats in a local body, adhering to the range
specified in Section 6(3).
23. Section 6(1) does not impose a restriction preventing the
Government from exercising its powers under Section 6(1) even after
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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an initial determination, as long as the alteration remains within the
limits prescribed under Section 6(3). The Government retains the
authority to fix and modify the number of seats, subject to the
criteria set forth in Section 6(3). This power does not lapse once the
Government has issued a notification under Section 6(1) based on
census data. The Government may later alter the strength of
Councillors using the same census data, provided the changes
comply with the maximum limit prescribed in sub-section (3).
Additionally, sub-section (2) empowers the Government to adjust the
number of seats based on updated census data reflecting the latest
population figures. A harmonious reading of Sections 6(1) and 6(2)
clarifies the scope of the Government's authority. For instance, if the
Government, based on the 2011 census, initially determined the
population-to-ward ratio as 10000:1, it can subsequently revise the
ratio to 9000:1 using the same census data. Although the distinction
between Sections 6(1) and 6(2) is subtle, it remains evident. Section
6(1) authorizes the Government to issue notifications regarding the
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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strength of a local body based on population data from an official
census. This means that, even after an initial determination, the
Government can increase or decrease the strength of Councillors,
provided it adheres to the minimum and maximum limits set under
Section 6(3). The exercise under Section 6(1) is guided by population
figures derived from the census used for determining seats. This
interpretation is further reinforced by Section 2(xxix) of the Kerala
Panchayat Raj Act, which defines population as "the population
assessed at the last census the relevant details of which have been
officially published." Therefore, the reference to population in
Section 6(1) must be understood as referring to the population
figures used for issuing notifications under Section 6(1) also. This, in
turn, implies that the Government can redetermine the number of
seats using the same population figures, rather than awaiting a fresh
census.
24. Section 6(2) complements Section 6(1) by providing the
Government with the authority to alter the number of seats based on
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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fresh census data, subject to the limits specified under Section 6(3).
Both provisions work in conjunction, allowing the Government to
issue notifications regarding seat determination. Section 6(1)
pertains to the initial determination of strength based on an existing
census, while Section 6(2) provides for alterations using updated
population figures from a new census. Notably, Section 6(2) does not
restrict the Government's ability to redetermine the number of seats
under Section 6(1) without relying on fresh census data. A
notification issued under Section 6(1) can be revisited for
redetermination based on previously recorded census data, without
necessitating a new census.
25. An analysis of statutory provisions from 1994 onwards
reveals that the legislature has consistently prescribed the ratio of
population to the number of seats. Under the present enactment,
including subsequent amendments, the legislature has delegated the
authority to the Government to fix population-based seat allocations,
subject to the criteria outlined in Section 6(3). This delegation
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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indicates that the Government retains the discretion to determine the
strength of local bodies without waiting for a fresh census. The
provision under Section 6(2) for altering a notification issued under
Section 6(1) should be understood as an enabling power, rather than
a mandatory requirement, for redetermining or modifying seats.
26. A purposive interpretation of the statute underscores the
importance of maintaining a balance between population and seat
allocation to determine the strength of local bodies. The criteria of
population being the basis for determining the strength of seats in
local authority, determination or redetermination based on
population will in no way defeat the objectives of the law. The
Constitution and statutory framework aim to ensure that Councillors
are elected democratically in alignment with legal provisions. If two
interpretations of the statute are possible, the Court should not
discard the interpretation aligned with the statutory framework
rather than undermining it. Furthermore, if an interpretation aligns
with legislative intent and does not contravene statutory provisions,
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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the Court should defer to the executive, which is better positioned to
assess the practical application of these laws. Failure to interpret
Section 6(1) as permitting both the determination and
redetermination of seats based on population would impose an undue
restriction on the Government's discretion in fixing the strength of
Councillors following the population ratio. The legislative scheme is
clear: while the legislature defines the minimum and maximum
strength of Councillors, the Government is granted discretion to
determine the precise number within those limits. Therefore, Section
6(2) serves as a procedural guideline for adjusting the strength once
an initial notification has been issued under Section 6(1), while also
affirming the Government's authority to redetermine strength based
on existing population data.
27. If this approach is not followed, the functioning of local
bodies could be significantly disrupted, as the Government would
have to await a fresh census before making adjustments. Such a
requirement is neither envisaged by constitutional provisions nor by
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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statutory law. The Government must be able to decide on the
strength of local bodies in the interest of effective governance, taking
into account factors such as resource allocation, revenue generation,
and administrative efficiency. As long as these decisions adhere to
statutory provisions, the Court should not interfere with the
Government's exercise of power in this regard.
28. The argument of the learned Counsel, Shri R. Surendran,
on behalf of the writ petitioners--that a notification under Section
6(1) is linked to Section 4(1) concerning the constitution of a
municipality and, therefore, cannot be altered unless there is a
change in the composition of the local authority--is untenable.
Section 6 is an independent provision that specifically governs the
determination of the strength of Councillors in a local authority. In
contrast, Section 4 pertains to the determination of the territorial
jurisdiction of a local authority. Additionally, Section 4 addresses the
alteration and conversion of a local authority, such as the transition
from a Village Panchayat to a Town Panchayat, from a Panchayat to
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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a Municipal Council, or from a Municipal Council to a Municipal
Corporation.
29. The conspectus of the above discussions brings down the
legal matrix as follows:
(i) Population is the basis for determining the strength of local
authority.
(ii) The legislature is alone competent to determine the minimum
and maximum strength.
(iii) The Government is empowered to fix the strength not below the
minimum and not exceeding the maximum fixed by the
legislature.
(iv) The Government is also empowered to refix the strength based
on population not breaching minimum and maximum criteria
fixed by the legislature.
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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(v) The Government is also empowered to alter the strength based
on fresh census not breaching minimum and maximum criteria
fixed by the legislature.
Accordingly, the writ appeals are allowed, and the writ petitions
are dismissed. No order as to costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P. KRISHNA KUMAR, JUDGE
ms
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
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APPENDIX OF WP(C) 537/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE
PETITIONER
Exhibit P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
GAZETTE NOTIFICATION DATED 30.04.2015 ISSUED BY
THE 1ST RESPONDENT
Exhibit P3 A TRUE COPY OF THE KERALA MUNICIPALITY
(AMENDMENT) ACT 2024 NOTIFICATION DATED
09.07.2024 ISSUED BY THE 1 ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE COPY
OF THE NOTIFICATION BEARING NO. 813/2024 DATED
10.09.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit P5 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
NOTIFICATION DATED 18.11.2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED
23.12.2024 SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT ALONG WITH ITS POSTAL RECEIPT
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 730/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O.(P)NO. 150/2015/LSGD DATED
30.04.2015 PUBLISHED IN THE KERALA GAZETTE.
Exhibit P2 A TRUE COPY OF THE GUIDELINE ISSUED BY THE 3RD
RESPONDENT FOR DELIMITATION OF MUNICIPALITIES
DATED 18.04.2015
Exhibit P3 THE TRUE COPY OF THE DRAFT NOTIFICATION NO.
S.DC.228/2015 DATED 30.05.2015 WITH RESPECT TO
THE 5TH RESPONDENT MUNICIPAL CORPORATION
Exhibit P4 A TRUE COPY OF ACT 3 OF 2020 NOTIFIED ON
18.02.2020
Exhibit P5 TRUE COPY OF THE NOTIFICATION DATED 26.02.2020
ISSUED BY THE 1ST RESPONDENT UNDER SECTION 6(2)
DETERMINING THE NUMBER OF WARDS SUBSEQUENT TO THE
AMENDMENT
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020
PASSED IN WP(C) NO. 6514/2020 AND CONNECTED CASES
PASSED BY THIS HON'BLE COURT.
Exhibit P7 A TRUE COPY OF THE KERALA MUNICIPALITY (SECOND
AMENDMENT) ACT, 2024 [ACT 14 OF 2024] PASSED ON
09.07.2024
Exhibit P8 A TRUE COPY OF THE NOTIFICATION NO. 813/2024
DATED 10.09.2024 PUBLISHED IN THE GAZETTE.
Exhibit P9 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE CLARIFICATION NO.
SDC/30/2024SDC7 DATED 30.10.2024 ISSUED BY THE
DELIMITATION COMMISSION.
Exhibit P11 THE TRUE COPY OF THE DRAFT NOTIFICATION NO.
SDC/1066/2024/SDC6 DATED 18.11.2024 WITH RESPECT
TO THE 5TH RESPONDENT MUNICIPAL CORPORATION.
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 1750/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE GAZETTE
NOTIFICATION DATED 30.4.2015 ISSUED BY THE 1ST
RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 9.7.2024
ISSUED BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE NOTIFICATION NO.
SDC/1104/2024/SDC DATED 18.11.2024
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 2009/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GAZETTE NOTIFICATION ISSUED BY
THE 1ST RESPONDENT, DATED 30.5.2015
Exhibit P2 A TRUE COPY OF THE DRAFT NOTIFICATION VIDE.,
NO.S.D.C.241/2015 ISSUED BY THE 3RD RESPONDENT,
DATED 30.5.2015
Exhibit P3 A TRUE COPY OF THE KERALA MUNICIPALITY
(AMENDMENT) ACT, 2024 ISSUED BY THE 1ST
RESPONDENT, DATED 9.7.2024
Exhibit P4 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST
PETITIONER TO THE 3RD RESPONDENT, DATED 2.12.2024
Exhibit P5 A TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C)
NO.39894/2024 ON THE FILE OF THIS HONORABLE
COURT, DATED 18.12.2024
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 4176/2025
PETITIONER EXHIBITS
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
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 5948/2025
PETITIONER EXHIBITS
Exhibit P1 ATRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD
DATED 30.04.2015
Exhibit P2 A TRUE COPY OF THE GUIDELINE ISSUED BY THE 3RD
RESPONDENT FOR DELIMITATION OF MUNICIPALITIES
DATED 18.04.2015
Exhibit P3 THE TRUE COPY OF THE DRAFT NOTIFICATION NO.SDC
253/2015 DATED 30.05.2015 WITH RESPECT TO THE 5TH
RESPONDENT MUNICIPALITY
Exhibit P4 A TRUE COPY NOTIFICATION NO 1243/LEG. C1/
2020/LAW OF ACT 3 OF 2020 DATED 18.02.2020
Exhibit P5 THE TRUE COPY OF THE NOTIFICATION DATED
26.02.2020 ISSUED BY THE 1ST RESPONDENT UNDER
SECTION 6(2) DETERMINING THE NUMBER OF WARDS
SUBSEQUENT TO THE AMENDMENT
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020
Exhibit P7 A TRUE COPY OF THE KERALA MUNICIPALITY (SECOND
AMENDMENT) ACT, 2024 PASSED ON 09.07.2024
Exhibit P8 . A TRUE COPY OF THE NOTIFICATION NO. 813/2024
DATED 10.09.2024
Exhibit P9 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P10 THE TRUE COPY OF CLARIFICATION NO.
SDC/30/2024SDC7 DATED 30.102024 ISSUED BY 3RD
RESPONDENT
Exhibit P11 A TRUE COPY OF JUDGMENT DATED 18.12.2024 IN
W.P(C) NO.39894/ 2024 OF THIS HON'BLE COURT COURT
AND OTHER CONNECTED MATTERS (2024:KER:95921)
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 43470/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD
DATED 30.04.2015
Exhibit P2 A TRUE COPY OF THE GUIDELINES DATED 18.04.2015
ISSUED BY 3RD RESPONDENT DELIMITATION COMMISSION
Exhibit P3 THE TRUE COPY OF THE ORDER NO. SDC 238/2015 DATED
07.09.2015 WITH RESPECT TO THE 5TH RESPONDENT
MUNICIPALITY, FIXING THE NUMBER OF WARDS AS 41
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020
PASSED IN WP(C) NO. 6514/2020 AND CONNECTED CASES
Exhibit P5 A TRUE COPY OF THE KERALA MUNICIPALITY
(AMENDMENT) ACT, 2024 PASSED ON 09.07.2024
Exhibit P6 A TRUE COPY OF THE NOTIFICATION NO. 813/2024
DATED 10.09.2024
Exhibit P7 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 46191/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY
THE FIRST RESPONDENT IN THE KERALA GAZETTE AS
G.O. (P) NO.151/2015/ LSGD DATED 30-4-2015
Exhibit P2 . A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED
BY THE FIRST RESPONDENT IN THE KERALA GAZETTE AS
G.O.(P) NO.153/2015/ LSGD DATED 30-4-2015
Exhibit P3 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY
THE FIRST RESPONDENT IN THE KERALA GAZETTE AS
G.O.(P) NO.164/2015/LSGD DATED 11-5-2015
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY
THE FIRST RESPONDENT IN THE KERALA GAZETTE AS
G.O.(P) NO.20/2020/LSGD DATED 26-2-2020
Exhibit P5 A TRUE COPY OF GOVERNMENT ORDER PUBLISHED BY THE
FIRST RESPONDENT IN THE KERALA GAZETTE AS G.O.
(P) NO.44/2020/ LSGD DATED 5-6-2020
Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER PUBLISHED BY
THE FIRST RESPONDENT IN THE KERALA GAZETTE AS GO
(P) NO. 49/2024/LSGD DATED 10-9-2024
Exhibit P7 A TRUE COPY OF THE KERALA MUNICIPALITY (SECOND
AMENDMENT) ACT, 2024 (ACT NO.14 OF 2024)
Exhibit P8 A TRUE COPY OF THE GUIDELINES ISSUED BY THE THIRD
RESPONDENT ON 24-09-2024
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT IN WPC
39810/2024 AND CONNECTED CASES DATED 18.12.2024
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 46523/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O. (P) NO. 153/2015/LSGD
DATED 30.04.2015 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 . A TRUE COPY OF THE GUIDELINES ISSUED BY THE 3RD
RESPONDENT FOR DELIMITATION OF PANCHAYATHS DATED
18.04.2015
Exhibit P3 A TRUE COPY OF THE FINAL DELIMITATION ORDER DATED
07.09.2015 PASSED BY THE 3RD RESPONDENT WITH
RESPECT TO THE 5TH RESPONDENT GRAMAPANCHAYAT
Exhibit P4 A TRUE COPY OF THE AMENDMENT ACT, 2024 DATED
09.07.2024
Exhibit P5 A TRUE COPY OF THE KERALA PANCHAYAT RAJ (FIXING
OF STRENGTH) AMENDMENT RULES, 2024 DATED
01.09.2024
Exhibit P6 TRUE COPY OF THE NOTIFICATION NO.
LSGD/PD/24269/2024-EER1 DATED 06.09.2024 ISSUED
BY THE 1STRESPONDENT
Exhibit P7 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC.39894 OF 2024
BEFORE THE HONONRABLE HIGH COURT OF KERALA DATED
18.12.2024
[W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024,
46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025]
2025:KER:15559
APPENDIX OF WP(C) 46542/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O. (MS) NO. 148/2015/LSGD
DATED 30.04.2015
Exhibit P2 A TRUE COPY OF THE GUIDELINES DATED 18.04.2015
ISSUED BY 3RD RESPONDENT DELIMITATION COMMISSION
Exhibit P3 THE TRUE COPY OF THE ORDER NO. SDC 259/2015 DATED
07.09.2015 WITH RESPECT TO THE 5TH RESPONDENT
MUNICIPALITY, FIXING THE NUMBER OF WARDS AS 34
Exhibit P4 THE TRUE COPY OF THE ORDER NO. SDC 258/2015 DATED
07.09.2015 WITH RESPECT TO THE 6TH RESPONDENT
MUNICIPALITY, FIXING THE NUMBER OF WARDS AS 28
Exhibit P5 A TRUE COPY OF THE KERALA MUNICIPALITY
(AMENDMENT) ACT, 2024 PASSED ON 09.07.2024
Exhibit P6 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P7 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C).NO.39894 /2024
BEFORE THE HONOURABLE HIGH COURT OF KERALA DATED
18.12.2024
