IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29728 of 2010(M) -------------------------- PETITIONER(S): --------------- OMANA, D/O.CHATHUNNI, AGED 37 YEARS, PONAKKEMPOTTA HOUSE, ATHIKKODE P.O., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, OFFICE OF THE STATE ELECTION COMMISSION THIRUVANANTHAPURAM-33. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRURAM-695 001. 3. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 4. THE KOZHINJAMPARA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY KOZHINJAMPARA P.O., PALAKKAD DISTRICT, PIN-678 555. BY SRI.MURALI PURUSHOTHAMAN , STANDING COUNSEL FOR R1 BY GOVT. PLEADER SRI.V.MANU FOR R2 AND R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29728 of 2010 ----------------------------------------- Dated this the 27th day of September, 2010 JUDGMENT The petitioner, who is a resident of Ward No.18 of Kozhinjampara Grama Panchayat, has filed this writ petition aggrieved by the failure of the State Election Commission to reserve the office of President of the Kozhinjampara Grama Panchayat in favour of the Scheduled Castes. In this writ petition she seeks a direction to the State Election Commission to reserve the office of President of Kozhinjampara Grama Panchayat for the Scheduled Castes including women belonging to the Scheduled Castes in the ensuing elections. 2. Sri Murali Purushothaman, learned standing counsel appearing for the State Election Commission submits that under the provisions of section 153(4)(d) of the Kerala Panchayat Raj Act, allotment of reserved offices has to be made by the Commission before the notification for the general election is issued. He submits that the Government have, in exercise of the W.P(C).No.29728 of 2010 -:2:- power conferred on it, under section 38(2) of the Kerala Panchayat Raj Act, issued a notification, G.O.(P)No.217/2010/LSGD dated 27.9.2010 to the effect that elections to the three levels of Panchayats in Thiruvananthapuram, Kollam, Pathanamthitta, Kozhikode, Wayanad, Kannur and Kasargod districts except Velam Grama Panchayat in Kozhikode district be held on 23rd October, 2010 and in Alappuzha, Kottayam, Idukki, Ernakulam, Thrissur, Palakkad and Malappuram districts be held on 25th October, 2010. He also submitted that copy of the aforesaid notification has been published in the Kerala Gazette (Extra ordinary) at 10.am today. A fax copy thereof was made available to me for perusal. The notification reads as follows:- “S.R.ONo.921/2010 - WHEREAS, the State Election Commission has recommended the date of General Election to the constituencies of Panchayats of 7 Districts, namely Thiruvananthapuram, Kollam, Pathanamthitta, Kozhikode, Wayanad, Kannur and Kasargod except Velam Grama Panchayat of Kozhikode District to be held on 23rd October, 2010 and to the constituencies of 7 Districts namely Alappuzha, Kottayam, Idukki, Ernakulam, Thrissur, Palakkad and Malappuram to be held on 25th October, 2010. Now, THEREFORE, in exercise of the powers conferred by sub-section (2) of Section W.P(C).No.29728 of 2010 -:3:- 38 of the Kerala Panchayat Raj Act, 1994( 13 of 1994) the Government of Kerala hereby direct the respective constituencies of Panchayats in the Kerala State to elect a representative each to the constituencies of Grama/Block/District Panchayats on 23rd October, 2010 and 25th October, 2010 as recommended by the State Election Commission”. 3. In such circumstances, as the elections have already been notified, I am of the opinion that even if this Court were to find that there is merit and substance in the claim put forward by the petitioner, this Court cannot, at this stage grant any relief to her. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29728 of 2010 ---------------------------- JUDGMENT 27th September, 2010