IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 25TH SEPTEMBER 2010 / 3RD ASWINA 1932 WP(C).No. 28593 of 2010(Y) ---------------------------------------- PETITIONER(S): ------------------------ RAJEEV K., KARIMBATH HOUSE, CHELODU, MANNATHIPOYIL, POOKKOTTUMPADAM, PIN-679 332. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 032. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. AMARAMBALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.POOKKOTTUMPADAM-679 332, MALAPPURAM DISTRICT. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN. R2 BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28593/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: A RELEVANT EXTRACT OF THE NOTIFICATION NO.212/2020 DTD. 26/08/2010 OF THE 1ST RESPONDENT. P2: A RELEVANT EXTRACT OF THE NOTIFICATION NO.214/2010 DTD. 26/08/2010 OF THE 1ST RESPONDENT. P3: A RELEVANT EXTRACT OF THE GUIDELINES IN RELATION TO RESERVATION OF SEATS ISSUED BY THE 1ST RESPONDENT. P4: COPY OF THE STATEMENT SHOWING THE DETAILS OF POPULATION IN PANCHAYATS IN MALAPPURAM DISTRICT. P5: COPY OF THE REPRESENTATION DTD. 02/09/2010 OF THE PETITIONER TO THE 1ST RESPONDENT. P6: COPY OF THE LETTER DTD. 06/09/2010 OF THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.28593 of 2010 ------------------------------- Dated this the 25th day of September, 2010 J U D G M E N T The petitioner herein is a resident of Amarambalam Grama Panchayat in Malappuram District. Amarambalam Grama Panchayat is one among the 7 Grama Panchayats in Kalikavu Block Panchayat. The office of President of Amarambalam Grama Panchayat was reserved in favour of the scheduled caste s in the first ever elections held after the Kerala Panchayat Raj Act, 1994 was enacted. In the elections held in the year 2005, the office of President of Amarambalam Grama Panchayat was reserved in favour of women candidates and in the ensuing elections, it has been reserved in favour of the scheduled castes by Notification No.214/2010/SEC dated 26.8.2010, published in the Kerala Gazette (Extra ordinary) dated 26.8.2010. The petitioner challenges the reservation of office of President of Amarambalam Grama Panchayat in favour of the scheduled castes on the ground that the State Election Commission has failed to correctly apply the rule of rotation set out in clauses (b), (c) and (d) of sub-section (4) of section 153 of the Kerala Panchayat Raj Act, 1994. The petitioner contends that if the rule of rotation had been correctly applied, the W.P.(C) No. 28593 of 2010 2 office of President of some other Grama Panchyat either in Kalikavu Block Panchayat or from other Block Panchayats should have been reserved. 2. The State Election Commission has filed a statement dated 23.9.2010 justifying the action taken by them. A reading of the statement would indicate that the Commission has not gone by the percentage of population of the scheduled caste s in the whole of Malappuram district. It has only gone by the percentage of population of the scheduled castes in Kalikavu Block Panchayat. I have by judgment delivered today in W.P.(C) No.27264 of 2010 and connected cases held that for identifying the Grama Panchayat in which the office of President has to be reserved, State Election Commission has to go by the percentage of population of the scheduled castes in the various Panchayats in the district and that the Election Commission cannot confine the rotation to a particular Block Panchayat. In the view that I have taken, the decision taken by the State Election Commission to reserve the office of President of Amarambalam Grama Panchayat in favour of the scheduled castes in the ensuing elections cannot be sustained. In the result, I allow the writ petition, set aside the W.P.(C) No. 28593 of 2010 3 decision taken by the State Election Commission to reserve the office of President of Amarambalam Grama Panchayat in favour of the scheduled castes, and direct the State Election Commission to re- examine the issue and to reserve the office of President of another Grama Panchayat having regard to the percentage of population of the scheduled castes in the various Grama Panchayats of Malappuram District. This exercise shall be carried out expeditiously and in any event before the election notification is issued. The State Election Commission shall also issue a corrigendum notification suitably amending Notification No.214/2010/SEC dated 26.8.2010, published in the Kerala Gazette (Extra ordinary) dated 26.8.2010. P.N.RAVINDRAN, Judge. nj.