Shajeena Beegum vs State Of Kerala on 20 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 2425 OF 2026               1

                                                2026:KER:4904
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947

                         WP(C) NO. 2425 OF 2026

PETITIONER/S:

           SHAJEENA BEEGUM
           AGED 45 YEARS
           W/O MUHAMMED MUSTHAFA, PAKKARATHODI, KODUR P.O.,
           CHEMMANKADAVU, VTC: KODUR, MALAPPURAM -, PIN -
           676504


           BY ADVS.
           SRI.P.MARTIN JOSE
           SRI.THOMAS P.KURUVILLA
           SRI.R.GITHESH
           SHRI.AJAY BEN JOSE
           SRI.P.PRIJITH
           SRI.MANJUNATH MENON
           SMT.ANNA LINDA EDEN
           SHRI.HARIKRISHNAN S.
           SMT.ANAVADYA SANIL KUMAR
           SMT.ANJALI KRISHNA
           SHRI.ABHINAV P. S.
           SRI.S.SREEKUMAR (SR.)




RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001

     2     LOCAL SELF GOVERNMENT DEPARTMENT
           SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODU,
           KOWDIAR.P.O, THIRUVANANTHAPURAM - REPRESENTED BY
           ITS SECRETARY.,
           PIN - 695003
 WP(C) NO. 2425 OF 2026              2

                                                      2026:KER:4904

     3       THE STATE ELECTION COMMISSION - KERALA,
             JANAHITHAM, TC-27/6(2), VIKAS BHAVAN P.O
             THIRUVANANTHAPURAM - REPRESENTED BY THE STATE
             ELECTION COMMISSIONER., PIN - 695033

     4       THE DISTRICT ELECTION OFFICER & DISTRICT
             COLLECTOR, CIVIL STATION,
             CIVIL STATION RD, UP HILL, MALAPPURAM -, PIN -
             676505

     5       THE ELECTORAL REGISTRATION OFFICER & SECEREATRY,
             MAKKARAPARAMBA GRAMA PANCHAYAT, MAKKARAPARAMBA
             P.O., MALAPPURAM -, PIN - 676507

     6       MAKKARAPARAMBA GRAMA PANCHAYAT,
             MAKKARAPARAMBA P.O., MALAPPURAM - REPRESENTED BY
             ITS SECRETARY., PIN - 676507


             BY ADVS.
             SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
             COMMISSION, KERALA
             SHRI.P.ABDUL NISHAD, SC, MAKKARAPARAMBA GRAMA
             PANCHAYAT
             SPL. GP SMT. DEEPA K.R.


      THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION     ON   20.01.2026,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 2425 OF 2026                3

                                                        2026:KER:4904

                    P.V.KUNHIKRISHNAN, J.
             ---------------------------------------------
                   WP(C) NO. 2425 OF 2026
         ------------------------------------------------------
           Dated this the 20th day of January, 2026

                             JUDGMENT

This writ petition is filed seeking the following reliefs:

"i. Declare that the post of President at the 6th Respondent Makkaraparamba Grama Panchayat falls within the category of reserved for women category pursuant to the elections held in December 2025.

ii. Issue a writ of Mandamus or such other Writ, Order or direction directing the 3rd Respondent to re-examine the issue of reservation and to reserve the post of President at the 6th Respondent Makkaraparamba Grama Panchayat for women within a time limit to be fixed by this Hon'ble Court.

iii. Issue a writ of Mandamus or such other Writ, Order or direction directing the 3rd Respondent to issue a corrigendum notification suitably amending Exhibit P5 Notification by including the 6th Respondent Makkaraparamba Grama Panchayat in the category of those where the post of President is reserved for women. iv. Call for the records leading to Exhibit P8 and to quash the same by a Writ of Certiorari or such other Writ, Order or direction.

v. Dispense with the production of English translation of documents in vernacular language. vi. Issue such other orders as this Hon'ble deems fit and necessary in the facts and circumstances of the case."

[SIC]

2. The main prayer in this writ petition is to

declare that the post of President at the 6 th respondent

2026:KER:4904 Makkaraparamba Grama Panchayat falls within the reserved for

women category, pursuant to the election held in 2025, and to

issue a direction to the 3rd respondent to re-examine the issue of

reservation and to reserve the post of President at the 6 th

respondent Makkaraparamba Grama Panchayat.

3. Heard the learned counsel for the petitioner, the

learned Standing Counsel for the Election Commission and the

learned Special Government Pleader.

4. It is an admitted fact that the reservation of the

post of the President was notified on 05.11.2025, as evident by

Ext.P4. As per Ext.P5, the Vice-President post was notified as

women. Thereafter, the General Election for the local body was

conducted on 9th and 11th December, 2025, and the election

results were also published. New elected members were already

taken charge. Now the President and Vice-President election is

scheduled to be held on 05.02.2026. At this stage, I am not in a

position to interfere with the same at this stage. The Division

Bench of this Court in State of Kerala and Others v. Noufal

Babu E.K. and Others [2020 KHC 5613] observed that this

Court cannot interfere in such election. But if there is any

remedy available to the petitioner in accordance with law, after

the election is over, the same is left open.

2026:KER:4904 With the above observations, this writ petition is

disposed of.

Sd/-


                                             P.V.KUNHIKRISHNAN
                                                     JUDGE

     AJ


     Judgment reserved         NA
     Date of Judgment          20.01.2026
     Judgment dictated         20.01.2026
     Draft judgment placed     21.01.2026
     Final Judgment uploaded    22.01.2026
 WP(C) NO. 2425 OF 2026        6

                                             2026:KER:4904
            APPENDIX OF WP(C) NO. 2425 OF 2026
PETITIONER EXHIBITS

Exhibit P1    TRUE COPY OF RELEVANT PORTIONS OF THE VOTERS
              LIST, 2025
Exhibit P2    TRUE COPY OF RELEVANT PAGES OF THE FORM 1

PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 1ST WARD - KACHINIKAD AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(a) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 2ND WARD - PETTAPPADI AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(b) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 3RD WARD - VELLATTUPARAMB AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(c) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 4TH WARD - CHETTIYARANGADI AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(d) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 5TH WARD - PALLIPADI AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(e) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 6TH WARD - POTHUKAND AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(f) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 7TH WARD - VADAKKEKALAMB AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(g) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 8TH WARD - VADAKKANGARA AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(h) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 9TH WARD - THADATHILKAND AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(i) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 10TH WARD MELE KALAV AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(j) TRUE COPY OF RELEVANT PAGES OF THE FORM 1

2026:KER:4904 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 11TH WARD - KALAV AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(k) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 12TH WARD - KOTTAKUNNU PUNARPPA AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(l) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 13TH WARD - MAKKARAPARAMB AMBALAPADI AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(m) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 14TH WARD - KUZHIYENGAL AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P2(n) TRUE COPY OF RELEVANT PAGES OF THE FORM 1 PUBLISHED BY THE 5TH RESPONDENT WITH RESPECT TO THE 15TH WARD - MAKKARAPARAMB TOWN AT THE 6TH RESPONDENT MAKKARAPARAMBA GRAMA PANCHAYAT Exhibit P3 TRUE COPY OF COVERING LETTER DATED 14-10- 2025 ISSUED BY THE 5TH RESPONDENT TO RETURNING OFFICER OF THE 6TH RESPONDENT PANCHAYAT, Exhibit P3(a) TRUE COPY OF DECISION OF THE DISTRICT COLLECTOR / 4TH RESPONDENT DATED 14-10-2025

Exhibit P4 TRUE COPY OF NOTIFICATION NO: 61/2025/SEC DATED 5-11-2025 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF NOTIFICATION NO: 69/2025/SEC DATED 8-11-2025 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF LETTER DATED 10-11-2025 ISSUED BY THE 5TH RESPONDENT ADDRESSED TO THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF NOTIFICATION NO: 74/2025/SEC ISSUED BY THE 3RD RESPONDENT ON 14-11-2025 Exhibit P8 TRUE COPY OF LETTER NO: B3/137/2025-SEC DATED 2-12-2025 ISSUED BY THE 3RD RESPONDENT ADDRESSED TO THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF LETTER NO: B2/132/2025-SEC DATED 6-1-2026, ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT