IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 27487 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. K.R.KRISHNA PRASAD, AGED 49 YEARS, S/O.LATE ACHUTHA MENON, SUDHAILAYAM, ELOOR SOUTH UDYOGAMANDAL P.O.,PIN-683561 2. A.G.TULASIDAS, S/O.GOVINDRAN NAIR, MADATHIL GOKULAM, ELOOR SOUTH, UDYOGAMANDAL P.O.,PIN-683561 BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA SRI.ARUN KRISHNA DHAN RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSIONER REPRESENTED BY THE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. STATE DELIMITATION COMMISSION REPRESETNED BY THE CHAIRMAN, SECRETARIAT, THIRUVANANTHAPURAM 3. DISTRICT COLLECTOR, ERNAKULAM 4. ELECTORAL REGISTRATION OFFICER, ELOOR GRAMA PANCHAYATH, ELOOR 5. ELOOR GRAMA PANCHAYT, ELOOR, REPRESENTE DBY ITS SECRETARY, ELOOR. BY ADV. SRI.MURALI PURUSHOTHAMAN,SC,FOR R1 AND R2 BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27487 of 2010 ------------------------------- Dated this the 8th day of September, 2010 J U D G M E N T The petitioners who are residents of Ward No.6 (Head Quarters Ward) of Eloor Grama Panchayat in Ernakulam District have filed this writ petition challenging Ext.P6 voters list. It is contended that the names of 123 voters who have been included in the voters list of Ward No.6 ought to have been included in the voters list of Ward Nos.30 and 31. 2. Though at the first blush, the challenge appears to be to the voters list, on a close reading of the writ petition, it is clear that the grievance voiced in the writ petition is as regards the order passed by the State Delimitation Commission. In my opinion, the petitioner cannot by challenging the voters list seek to set aside the order passed by the Delimitation Commission, in view of the bar under Article 243-O(a) of the Constitution of India read with section 10(3A) of the Kerala Panchayat Raj Act, 1994. Further, the learned standing counsel appearing for the W.P.(C) No.27487 of 2010 2 State Delimitation Commission submits that the very same objections were raised before the State Delimitation Commission by the first petitioner and that the said objection was over ruled on the ground that it is not technically feasible. In such circumstances, I am of the opinion that the reliefs prayed for by the petitioners cannot be granted. If the petitioners are aggrieved by the inclusion of names of ineligible persons in the voters list relating to Ward No.6 of Eloor Grama Panchayat, their remedy lies in taking appropriate steps under the Kerala Panchayat (Registration of Electors) Rules, 1994 by filing separate individual applications in respect of each ineligible voter before the Electoral Registration Officer. Without prejudice to that right, this writ petition is dismissed. P.N.RAVINDRAN, Judge. nj.