IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27189 of 2010(W)
1. P.V.KRISHNA KUMAR, AGED 48 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PANCHAYAT, TRIVANDRUM.
3. THE DISTRICT COLLECTOR, KANNUR.
4. THE DEPUTY DIRECTOR OF PANCHAYAT,
5. THE SECRETARY, EDAKKAKAD GRAMA PANCHAYAT
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :SRI.MURALI PURUSHOTHAMAN,SC,DELIMITATIO
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/09/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.27189 of 2010
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Dated this the 3rd day of September, 2010
J U D G M E N T
The petitioner who is a resident of Ward No.13 of
Edakkad Grama Panchayat in Kannur district has filed this writ
petition challenging Exts.P10, P11, P12 and P13 final voters lists.
He has also sought a direction to the third respondent to
consider Exts.P4, P5, P6 and P14 representations after affording
him an opportunity of being heard.
2. Exts.P4 and P5 are representations submitted by
the petitioner before the District Collector, Kannur, objecting to
the draft delimitation proposal submitted by the Secretary of
Edakkad Grama Panchayat. The State Delimitation Commission
has by order passed on 30.6.2010 finalised the delimitation
proposals for various grama panchayats in Kannur district
including Edakkad Grama Panchayat and the order of the
Delimitation Commission has been published in the Kerala
Gazette (Extraordinary) dated 30.6.2010. A learned single Judge
of this Court has in W.P(C) No.23641 of 2010 held that in view
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2
of section 10(3 A) of the Kerala Panchayat Raj Act, 1994, the
bar under Article 243 O of the Constitution of India applies, and
therefore, the order issued by the State Delimitation Commission
finalising the delimitation proposals cannot be called in question
in any Court. In such circumstances, the petitioner cannot seek
or be granted reliefs in regard to Exs.P4 and P5.
3. Exts.P6 and P14 are representations submitted by
the petitioner before the Secretary of Edakkad Grama Panchayat
wherein he has asked for deletion/inclusion of the names of
voters from Exts.P10 to P13 voters list. The Apex Court has in
Lakshmi Charan Sen v. A.KM.Hassan Uzaman (AIR 1985 SC
1233) held that the right to be included in the electoral roll is a
right conferred upon an individual and not upon any political
party. Therefore, the petitioner cannot be heard to contend
that the name of any particular voter or the names of a group of
voters should be included in the electoral roll in respect of any
particular constituency of Edakkad Grama Panchayat.
Therefore, that part of the relief also cannot be granted. As
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regards exclusion of names from the voters lists on the ground
that names have been wrongly included in the voters lists of
different constituencies, the law provides that in respect of each
individual voter, separate applications for deletion of the name
from the voters list have to be submitted to the Electoral
Registration Officer. Such an application can be filed only by a
voter of the constituency. The petitioner who is a resident and
voter of Ward No.13 can therefore make such an application
only in respect of voters in that constituency. In Exts.P6 and P4,
he has sought for the exclusion of names of voters from various
other constituencies also. Therefore, for that reason also, the
petitioner cannot seek a direction to the third respondent to
consider his objections to Exts.P10 to P13 voters list.
For the reasons stated above, I hold that there is no
merit in the writ petition. The writ petition fails and is
accordingly dismissed.
P.N.RAVINDRAN,
Judge.
nj.