IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10493 of 2008(S) --------------------------------------- PETITIONER:- ------------------ K.A.PACHU, KOCHUZATHIL HOUSE, PALAKKATHAKIDI P.O., KUNNAMTHANAM PATHANAMTHITTA DISTRICT, KERALA STATE. BY ADV. SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. RESPONDENTS:- ---------------------- 1. THE CHIEF ELECTION COMMISSIONER, OFFICE OF ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001. 2. THE STATE ELECTION COMMISSIONER, CORPORAITON OFFICE BUILDING, LMS JUNCTION, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT OF INDIA, LAW MINISTRY, NEW DELHI. 4. SECRETARY TO GOVERNMENT OF KERALA, LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY STANDING COUNSEL SRI.MURALI PURUSHOTHAMAN R3 BY SRI.P.PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL. R4 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.10493 of 2008-S ------------------------------------------------------- Dated, this the Ist day of April, 2008 JUDGMENT H.L.Dattu, C.J. The petitioner seeks in this writ petition the following reliefs. They are: “(i) to issue a writ of mandamus directing the first respondent to take a decision on Ext.P1 representation within a time frame. (ii) to issue such other writ, order or direction with (sic. which) this Hon'ble Court may deem fit and proper in the facts and circumstances of the case”. (2). The prayer in Ext.P1 representation is as under:- “It is respectfully submitted that the persons who are Schedule Caste nominees who are elected to the Parliament as well as the state legislative assemblies are not doing anything for the welfare of the Schedule Caste as well as Schedule Tribe communities. It is high time that some restrictions has to be imposed on the reserved category of seats to the Parliament as well as State legislative assembly and the above seats are to be filled up by nominating representatives from those Schedule Caste and Schedule Tribe communities which are having majority in a particular constituency. If this system is introduced the sects within the Schedule Caste and Schedule Tribe communities can nominate their proper representatives who are having no political colour but are having true affinity towards the welfare of the Schedule Castes and Schedule Tribes. So it is most humbly prayed that your good self may WPC No.10493/2008 -2- be pleased to make proper recommendations before the Parliament to frame necessary laws in the Representation of People's Act, 1950 and the Constitution of India for the satisfaction of the above purpose.”. (3). The reliefs sought in this Public Interest Litigation, in our opinion, can never be granted by any Court. Therefore, we reject this writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS/DK.