IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 25125 of 2010(M) -------------------------- PETITIONER(S): --------------- K.SANTHOSH,AGED 38,S/O.KUMARAN, PUTHEN VEETTIL THEKKETHIL, WARD NO.18,ADOOR MUNICIPALITY,PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): --------------- 1. ADOOR MUNICIPALITY, REP.BY ITS SECRETARY ADOOR PO 689 645. 2. THE ELECTORAL REGISTRATION, OFFICER/ SECRETARY, ADOOR, MUNICIPALITY,ADOOR 689 645. 3. STATE ELECTION COMMISSION, STATE ELECTION COMMISSION OFFICE,TRIVANDRUM, REP.BY ITS SECRETARY 695 001. 4. STATE OF KERALA,REP.BY SECRETARY TO LOCAL SELF GOVERNMENT,SECRETARIAT, TRIVANDRUM- 695 001. 5. REGIONAL JOINT DIRECTOR OF RURAL AFFAIRS,KOLLAM 691 001. 6. REGIONAL DIRECTOR OF URBAN AFFAIRS, KOLLAM 691 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R3 R4 TO R6 BY G.P. SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25125 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2010. JUDGMENT The petitioner herein is a resident of ward No.18 of Adoor Municipality. His main complaint is regarding the reservation of wards for Scheduled Castes. Ext.P2 is the copy of the complaint filed by the petitioner before the third respondent. According to the petitioner, drawing of lots is not a safe method. It is pointed out that ward Nos.19, 20 and 21 have not been made SC/ST wards, so far. Ward Nos.10 and 19 are continuing as general wards from 1995. It is therefore contended that the draw of lots is illegal and arbitrary and without any guidelines. 2. On behalf of the third respondent, a statement has been filed. With regard to ward Nos.19, 20 and 21, the following aspects have been explained in the statement: “It is submitted that Ward No.19 is presently a general ward. The present ward No.19 has been formed by carving out 75.2% of the population of erstwhile ward No.14 and 13.61% of the population of ward No.17. Both the erstwhile ward Nos.14 and 17 were reserved for women during the last general election. Therefore, the present ward No.19 has been exempted from the lot wpc 25125/2010 2 for selecting reserved wards. The present ward No.20 is formed by 86.39% of the population of erstwhile ward No.17 and 13.73% of the population of the erstwhile ward No.18. Erstwhile ward No.17 was reserved for woman during the last general election. Since majority of the population of the newly constituted ward No.20 were in reserved ward during the previous election, presently the said ward has been exempted from the lot for selecting the reserved wards. Ward No.20 is presently a general ward. The present ward No.21 has been constituted by carving out 86.27% of the population of erstwhile ward No.18. Erstwhile ward No.18 was a general ward. Therefore, the same was included in the lot for selecting the reserved ward and presently ward No.21 is a ward reserved for woman. Ward Nos.19, 20 and 21 cannot therefore be reserved for scheduled caste. It is submitted that the total number of scheduled caste seats reserved in Adoor Municipality by the Government in terms of Section 6 of the Kerala Municipality Act is 3. The wards reserved for scheduled caste are ward Nos.2, 7 and 14. Of this, ward Nos.2 and 7 are sreserved for scheduled caste women.” Going by the above, it is evident that ward Nos.19 and 20 have been exempted from the lot in a proper manner and ward No.21 was included in the lot also. It is reserved for women now. There is no illegality in the procedure adopted by the Election wpc 25125/2010 3 Commission. Therefore, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/