IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WA.No. 1646 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27062/2010 Dated 27/09/2010 .................... APPELLANT(S): -------------- T.A. SHAMEER ALI, AGED 37 YEARS, S/O. ALI KUNJU, HOUSE NO. 13/388, THATTARKUDIYIL HOUSE, SREEMOOLANAGARAM P.O., ERNAKULAM. BY ADV. SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY IT'S SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 3. SREEMOOLANAGARAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, SREEMOOLANAGARAM P.O., ERNAKULAM. 4. KUNNUKARA GRAMA PANCHAYATH, KUNNUKARA, REP. BY IT'S SECRETARY. 5. NEDUMBASSERY GRAMA PANCHAYATH, NEDUMBASSERY, REP. BY ITS SECRETARY. 6. PUTHENVELIKARA GRAMA PANCHAYATH, PUTHENVELIKKARA, REP. BY ITS SECRETARY. 7. PARAKKADAVU GRAMA ;PANCHAYATH, PARAKKADAVU, REP. BY ITS SECRETARY. 8. CHENGAMANADU GRAMA PANCHAYATH, CHENGAMANADU, REP. BY ITS SECRETARY. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1646 of 2010 -------------------------------------------- Dated this the 29th day of September, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single Judge declining to interfere with the petitioner's challenge against reservation of President's post of Sreemoolanagaram Grama Panchayath to members of Scheduled Caste. According to the appellant, by rotation, President's post in the Sreemoolanagaram Grama Panchayath should be de-reserved and should have left for general category. Petitioner seems to have raised the contention that if reservation is required for President's post , it may apply to Nedumbassery Grama Panchayath or Kunnukara Grama Panchayath which are neighbouring Panchayaths. The learned single Judge declined to entertain the challenge for the reason that election is already notified. However, it is seen that during pendency of the appellant's Writ Petition, the very same learned single Judge allowed a batch of cases vide Annexure B judgment. If appellant's WPC was taken along WA 1646/2010 2 with those cases, which were disposed of vide Annexure B judgment on a special sitting day, the same would have been disposed of along with those cases on that day. Before us, standing counsel for Election Commission submitted that appellant's case will be considered in the light of Annexure B judgment because WPC was pending as on the date of disposal of batch cases. Recording the submission of standing counsel, we dispose of the Writ Appeal with direction to the Election Commission to immediately decide the appellant's challenge against reservation of President's post to members of Scheduled Caste based on Annexure B judgment. Issue photocopy of this judgment to counsel on both sides today itself. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. WA 1646/2010 3 kk