IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25083 of 2010(I)
1. A.V.JALEEL, S/O.VELLAPPA RAWTHER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE STATE ELECTION COMMISSION,
3. THE ELECTORAL REGISTRATION OFFICER/
4. PUTHUNAGARAM GRAMA PANCHAYATH,
5. THE DISTRICT COLLECTOR,
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :20/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.25083/2010-I
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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
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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