IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 27592 of 2010(Y) -------------------------- PETITIONER(S): --------------- JOSE MOONJELY, ADVOCATE, AGED 40,S/O.DEVASSY, MOONJELY HOUSE, ARIPPALAM PO, IRINJALAKUDA, THRISSUR-680 688. BY ADV. SRI.SHEEJO CHACKO SRIA.G.UNNIKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTION COMMISSIONER, OFFICE,LMS JUNCTION, THIRUVANANTHAPURAM, PIN-696 053. 3. DISTRICT COLLECTOR CUM CHIEF ELECTORAL OFFICER,THRISSUR. 4. DIRECTOR OF PANCHAYATH, DIRECTORATE,THIRUVANANTHAPURAM. 5. PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. KERALA STATE ELECTION COMMISSION, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM. 7. POOMANGALAM GRAMA PANCHAYATH, REPRESENTE D BY SECRETARY, THRISSUR. ADDL. 8. KUZHUR GRAMA PANCHAYATH REP. BY ITS SECRETRY KUZHUR P.O., THRISSUR. (ADDL. R8 IMPLEADED AS PER ORDER DT. 16.9.2010 IN I.A.NO.12753 OF 2010) BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 & 6 BY GOVT. PLEADER SRI.V.MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.27592 of 2010 EXT.P1 TRUE COPY OF THE NOTIFICATION DATED 26.8.2010 EXT.P2 TRUE COPY OF RELEVANT RULE. EXT.P3 TRUE COPY OF THE RESERVATION AND RELEVANT PAGE (2) EXT.P4 TRUE COPY OF RELEVANT PAGES OF NOTIFICATION DATED 25.8.2005. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 30.8.2010 EXT.P6 TRUE COPY OF THE ORDER DATED 1.9.2010 EXT.P7 TRUE COPY OF THE TABULAR FORM. ANNEXURE – 1 THE SPEED POST TRACKING REPORT SHOWING DELIVERY OF NOTICE. //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.27592 of 2010 ----------------------------------------- Dated this the 27th day of September, 2010 JUDGMENT The petitioner is a member of the Poomangalam Grama Panchayat. He has filed this writ petition aggrieved by the decision taken by the Kerala State Election Commission to reserve the office of President of Poomangalam Grama Panchayat in favour of women. It is contended that in the elections held in 1995 after the Kerala Panchayat Raj Act was enacted and brought into force, the office of President was reserved in favour of the Scheduled Castes and that in the elections held in the year 2005 the office of President was reserved in favour of women belonging to the Scheduled Castes and therefore for the ensuing elections, the office of President of Poomangalam Grama Panchayat should not have been reserved in favour of the Scheduled Castes or women candidates belonging to the Scheduled Castes or in favour of women. The petitioner contends that the State Election Commission has confined the rotation contemplated in section 153 (4)(d) of the Kerala Panchayat Raj Act in one Block Panchayat and W.P(C).No.27592 of 2010 -:2:- not in the entire district and therefore the decision of the State Election Commission is liable to be set aside. 2. Sri Murali Purushothaman, learned standing counsel appearing for the State Election Commission submits that under the provisions of section 153(4)(d) of the Kerala Panchayat Raj Act, allotment of reserved offices has to be made by the Commission before the notification for the general election is issued. He submits that the Government have, in exercise of the power conferred on it, under section 38(2) of the Kerala Panchayat Raj Act, issued a notification, G.O.(P)No.217/2010/LSGD dated 27.9.2010 to the effect that elections to the three levels of Panchayats in Thiruvananthapuram, Kollam, Pathanamthitta, Kozhikode, Wayanad, Kannur and Kasargod districts except Velam Grama Panchayat in Kozhikode district be held on 23rd October, 2010 and in Alappuzha, Kottayam, Idukki, Ernakulam, Thrissur, Palakkad and Malappuram districts be held on 25th October, 2010. He also submitted that copy of the aforesaid notification has been published in the Kerala Gazette (Extra ordinary) at 10.am today. A fax copy thereof was made available to me for perusal. The notification reads as follows:- “S.R.ONo.921/2010 - WHEREAS, the State Election Commission has recommended the date of General Election to the constituencies of W.P(C).No.27592 of 2010 -:3:- Panchayats of 7 Districts, namely Thiruvananthapuram, Kollam, Pathanamthitta, Kozhikode, Wayanad, Kannur and Kasargod except Velam Grama Panchayat of Kozhikode District to be held on 23rd October, 2010 and to the constituencies of 7 Districts namely Alappuzha, Kottayam, Idukki, Ernakulam, Thrissur, Palakkad and Malappuram to be held on 25th October, 2010. Now, THEREFORE, in exercise of the powers conferred by sub-section (2) of Section 38 of the Kerala Panchayat Raj Act, 1994( 13 of 1994) the Government of Kerala hereby direct the respective constituencies of Panchayats in the Kerala State to elect a representative each to the constituencies of Grama/Block/District Panchayats on 23rd October, 2010 and 25th October, 2010 as recommended by the State Election Commission”. 3. In such circumstances, as the elections have already been notified, I am of the opinion that even if this Court were to find that there is merit and substance in the claim put forward by the petitioner, this Court cannot, at this stage grant any relief to him. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.27592 of 2010 ---------------------------- JUDGMENT 27th September, 2010