2025:KER:27113 WP(C) NO. 9867 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 9867 OF 2025 PETITIONER: GIGI PALLIPPANATH, AGED 57 YEARS S/O. GEORGE, RESIDING AT PALLIPPANATH HOUSE, THAIKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683106 BY ADVS. ANOOP V.NAIR TANOOSHA PAUL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2025:KER:27113 WP(C) NO. 9867 OF 2025 2 2 THE PRINCIPAL SECRETARY, LOCAL SELF GOVT. DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM DISTRICT, PIN – 695001 3 THE STATE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695033 4 THE STATE DELIMITATION COMMISSION, REPRESENTED BY THE CHAIRMAN, OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695033 5 THE DISTRICT ELECTION OFFICER, OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 6 CHOORNIKKARA GRAMA PANCHAYAT, CHORRNIKKARA P.O., ALUVA, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 682312 7 REGISTRAR GENERAL AND CENSUS COMMISSIONER, GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC BUILDING -II, JAISINGH ROAD, NEW DELHI, PIN - 110001 2025:KER:27113 WP(C) NO. 9867 OF 2025 3 BY ADVS. SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA ANIL K.MUHAMED SMT.AMMINIKUTTY.K, SR.G.P ADV.DEEPA K.R.,(SPL.GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27113 WP(C) NO. 9867 OF 2025 4 JUDGMENT This writ petition is submitted by the petitioner seeking the following reliefs: “I. Issue a writ of certiorari quashing P4 notification & P9 guidelines, to the extent that it carries out delimitation of ward no.18 in the 6th respondent panchayat illegally and declare that it is unconstitutional and declare that the delimitation is to be carried out based on latest voters list in the concerned areas. II. Issue a writ of certiorari quashing notification & guidelines to the extent that it carries out delimitation of ward no.18 in the 6th respondent panchayath illegally and declare that it is unconstitutional and declare that the delimitation is to be carried out based on latest voters list in the concerned areas and not as done now. III. Issue a writ of certiorari quashing Exhibit P5 to P8 notifications by declaring that it is ultravirus to Article 243C of the constitution and is not fulfilling the mandates of Section 6(2) of the Kerala Panchayat raj Act 1994 and provisions of Kerala Municipality Act, 1994 and declare that same is 2025:KER:27113 WP(C) NO. 9867 OF 2025 5 unconstitutional. IV. To issue a writ of mandamus order or direction directing the respondents 1 to 5 to undertake the division to 6th respondent panchayath, after taking the relevant population into consideration based on voters list and not on the basis of building numbers or flat numbers and not on the basis of average person’s residing in buildings/houses or flats. V. To issue a writ of mandamus, order or direction directing the respondents 1 to 5 to carry out delimitation in ward no.18 of the 6th respondent Panchayath only after considering Exhibits P10, P10 (a) P10(b) and P1. VI. to issue such other writ, order or direction which this Honorable Court deems fit to grant to the facts and circumstances of the case. VII. To issue a writ of mandamus, order or direction directing the officer of delimitation,district collector- Ernakulam district and chairman of delimitation commission to dispose of Exhibits P10, 10 (a) and 10(b) in accordance with law before finalising delimitation processes and only then finalise the delimitation process with due consideration of P10, 2025:KER:27113 WP(C) NO. 9867 OF 2025 6 P10 (a), P10(b) and P1. VIII. To declare that the guidelines under Exhibit P9 is unconstitutional and illegal and the delimitation process undergone as per the guidelines of P9 also is not in accordance with law and it is unconstitutional and there may be a further direction be issued to respondent 1 to 5 to frame new guidelines in accordance with law as per the proper procedures of delimitation based on voters list and 2011 census, including the re-conduct of hearing of objections from the persons concerned including the objections in P10, P10 (a) and P10(b) and complete the process in accordance with law.” As far as the said reliefs are concerned, this Court has already considered the similar matters, wherein reliefs are arisen, and in W.P(C) No.42624/2024 the following observations made in paragraphs 5, 6 and 7: “5. As far as the voter’s list is concerned, the same cannot be the basis of the delimitation process. Section 6 of Kerala Panchayat Raj Act and Kerala Municipality Act specifically contemplates for carrying out 2025:KER:27113 WP(C) NO. 9867 OF 2025 7 delimitation, based on the population of the territorial area of the Panchayats/Municipalities concerned. The expression “population” is defined under Art.243p(g) as “ “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.” Therefore, what is relevant for the delimitation process is the population as defined under Art. 243 p(g) of the Constitution of India, which is based on the figures published in the preceding census and therefore under no circumstances, the voters list can be the basis for delimitation process. Thus, for that reason, the reliefs sought by the petitioners are to be rejected and it is ordered accordingly. 6. Apart from the above, the petitioners have pointed out certain other defects in carrying out the delimitation process in tune with the guidelines prescribed by the Delimitation Commission in this regard which is Ext.P13 in WP(C)No.42624/2024. As per the same, for dividing the wards, the number of households (including the number of unauthorized buildings) as per the assessment registers as on 01.10.2024 in all the 2025:KER:27113 WP(C) NO. 9867 OF 2025 8 constituencies shall be ascertained. Thereafter, the average population per household should be calculated by dividing the total population of the Panchayat as per the 2011 Census by the total number of households in the Panchayat as of 01.10.2024 as per the assessment register. The Population of the proposed constituency should be calculated by multiplying the average number of households in the proposed constituency by the average household population. Thus, by placing reliance upon the same, it was pointed out that, while preparing draft notification, the population of certain constituencies were reckoned by taking note of certain households which were lying vacant. Thus, the basic contention is that, when unoccupied households are taken into account for determining the population in each wards, the actual purpose would be defeated and therefore the equal distribution of the population into the different constituencies/wards would not be materialized. 7. However, I am of the view that, that cannot be considered by this Court in this writ petition at this stage. What is published 2025:KER:27113 WP(C) NO. 9867 OF 2025 9 by the Delimitation Commission is a draft notification to which the aggrieved parties were permitted to submit their objections. It is reported that, several objections have been received by the Delimitation Commission including that of the petitioners herein, wherein, the petitioners have highlighted the discrepancies as referred to above. It is for the Commission to take note of the aforesaid objections, finalize the same and publish a final notification. Therefore, at this juncture, it is not proper or justifiable on the part of this Court to interfere in the said process as there is nothing on record to indicate that those discrepancies would not be considered by the Delimitation Commission. As rightly pointed out by the learned counsel for the petitioners relying upon the unoccupied households is likely to result in wrong data and therefore the chances of the delimitation not being in tune with the statutory stipulations are very high. Therefore, it is a matter which has to be seriously taken note of by the Delimitation Commission when a final decision is taken." 2. After considering the reliefs sought in this writ 2025:KER:27113 WP(C) NO. 9867 OF 2025 10 petition and also considering the contentions raised, I am of the view that, the observations made by this Court in judgment referred above, shall govern the case of the petitioner as well. The learned Counsel for the petitioner specifically highlights relief No.V and VII. As far as the said prayers are concerned, it is pointed out by the learned Standing Counsel for the Delimitation Commission that the said objections were raised after the cutoff date and therefore, it cannot be considered. I find force in the said submission as the Delimitation Commission is not bound to consider the objection submitted after the cutoff date. However, it is clarified that, in case similar contentions are pointed out in the earlier objections which are submitted in time, the same shall be considered by the Commission. Accordingly, this writ petition is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:27113 WP(C) NO. 9867 OF 2025 11 APPENDIX OF WP(C) 9867/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MAP OF THE WARD Exhibit P2 TRUE COPY OF THE KERALA PANCHAYAT RAJ (SECOND AMENDMENT ACT), 2024 DATED 09.07.2024 Exhibit P3 TRUE COPY OF THE KERALA PANCHAYAT RAJ (FIXING OF STRENGTH) RULES, 1994 DATED 01.09.2024 Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING NUMBER LSGD/PD/24269/2024-EER1 DATED 06.09.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/100/2024-SDC7 DATED 18.11.2024 Exhibit P6 TRUE COPY OF THE NOTIFICATION BEARING NO. G.O.(P). NO. G.O.(P). NO. 140/15/LSGD DATED 25.04.2015 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE JUDGEMENT DATED 10.08.2015 PASSED IN WP(C) 15524/2015 Exhibit P8 TRUE COPY OF THE SRO NO. 138/2020 DATED 12.02.2020 Exhibit P9 TRUE COPY OF THE GUIDELINES DATED 24.09.2024 ISSUED BY THE 4TH RESPONDENT 2025:KER:27113 WP(C) NO. 9867 OF 2025 12 Exhibit P10 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE DISTRICT COLLECTOR DATED 02.02.2025 Exhibit P10(a) TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE DELIMITATION COMMISSION OFFICER DATED 02.02.2025 Exhibit P10(b) TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE DELIMITATION COMMISSION CHAIRMAN DATED 02.02.2025