IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 25083 of 2010(I) -------------------------- PETITIONER(S): --------------- A.V.JALEEL, S/O.VELLAPPA RAWTHER, ARASU HOUSE, SOUTH STREET, PUTHUNAGARAM, PALAKKAD DISTRICT - 678 503. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM 695 001. 2. THE STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY. 3. THE ELECTORAL REGISTRATION OFFICER/ SECRETARY, PUTHUNAGARAM GRAMA PANCHAYATH, PUTHUNAGARAM, PALAKKAD DISTRICT - 678 503. 4. PUTHUNAGARAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PUTHUNAGARAM, PALAKKAD DISTRICT - 678 503. 5. THE DISTRICT COLLECTOR, PALAKKAD - 678 501. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 SPL.GOVERNMENT PLEADER, SHRI C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25083/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of August, 2010 J U D G M E N T In this writ petition, the petitioner is a resident of Old Ward No.4 (presently new Ward No.2) of Pudunagaram Grama Panchayat. The petitioner challenges the lot taken by which new ward No.2 is reserved as Scheduled Caste (General). It is mainly contended that the new ward was formed carving out ward Nos.2 and 4 which were reserved one along with ward No.3 and, going by the percentage of voters, the combined strength will be 55%. It is therefore submitted that the fixing of the said ward as reserved ward is illegal. 2. The second respondent has filed a statement and a reply affidavit was filed by the petitioner also wherein the details of the percentage of the population are given in paragraph (2) which is above 50% Thereafter, an additional statement has been filed on behalf of the second respondent wherein it is stated that the District Election Officer has addressed a letter dated 19/08/2010 to the State Election Commission informing that there is mistake in the calculation of percentage of population that has come to the newly constituted ward No.2 and has requested the State Election Commission to intimate further steps to W.P.(C). No.25083/2010 -:2:- be taken in the matter. Annexure-D is the copy of the said letter. 3. Annexure-D evidences the fact that error in calculating the percentage of distribution of population from the existing reservation constituencies of wards 2 and 4 to the newly delimited constituency of ward No.2 Thekkathivattaram was due to the mistake in identifying the residential/non-residential buildings of the newly constituted ward 2, by the Secretary. So the percentage of distribution of population from the two existing reservation constituencies to the newly constituted ward 2, Thekkathivattaram is more than 50%. 4. The learned Standing Counsel for the Commission submitted that pursuant to Annexure-D, the Election Commission has already taken steps in the matter. It will satisfy the demands of the petitioner obviously as steps will have to be taken to rectify the anomaly. It is further pointed out that the date for taking a fresh decision is tentatively fixed on 30/08/2010. The writ petition is accordingly, allowed recording the same. No costs. (T.R. Ramachandran Nair, Judge.) ms