IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24514 of 2010(L) -------------------------- PETITIONER(S): --------------- VENUGOPALAN.V.R, AGED 44 YEARS, S/O.RADHAKRISHNAN, VALADYPARAMBU MADOM, THRIPUNITHURA-682 301. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENT(S): --------------- 1. THE SECRETARY, STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, L.M.S.JUNCTION, TRIVANDRUM-695 033. 2. THE DISTRICT ELECTION OFFICER, ERNAKULAM, COLLECTORATE, KAKKANADU. 3. THE SECRETARY, THRIPUNITHURA MUNICIPALITY, THRIPUNITHURA. R1 BY SHRI MURALI PURUSHOTHAMAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5/8/2010, THE COURT ON 05/08/2010 DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24514 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010. JUDGMENT The petitioner is a Councillor from Ward No.27 of Thripunithura Municipality which is a general constituency not reserved for women or SC/ST Councillors. The election for 2010-2015 will be held immediately, as the term of the Council is to expire on the end of September, 2010. As far as the Municipality is concerned, the total number of seats last time was 37 and now there is a change because of addition of Thiruvankulam Panchayat and the total number of seats will be 49 now. 2. It is the contention of the petitioner that while taking lot, the norms followed by the respondents currently are not the correct one. Learned counsel for the petitioner submitted that the seats reserved for different categories also will have to be separately considered for taking lot, otherwise it may affect the rights of persons like the petitioner and there will not be a proper identification of the general wards also. There is no prohibition for considering the seats reserved last time in one category for taking lot to fix the seats reserved for another category. That is; for the purpose of selecting seats for women those reserved for SC/ST in the last pc 24514/2010 2 election need not be excluded. The petitioner has therefore moved the Secretary of the Election Commission by filing Ext.P2 with copy to the District Election Officer, viz. The District Collector. 3. Learned Standing Counsel for the Election Commission submitted that the proper authority to consider the matter is the Regional Joint Director of Urban Affairs, Ernakulam and the representation has already been forwarded to the said officer by the District Collector. It is also submitted that the process of delimitation of the wards of the newly constituted Thirpunithura Municipality is not over and the same will be over only on 16.8.2010. 4. Therefore, there will be a direction to the Regional Joint Director of Urban Affairs, Ernakulam to consider the grievances raised by the petitioner before starting the proceedings for identification of wards for reserved categories. This shall be done after hearing the petitioner. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the said officer for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/