C R SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a resident of Kodithookiyakunnu Ward of Kallara Grama Panchayat. The above ward is a newly constituted ward. The above ward was constituted with part of Palkulam ward which was reserved for ladies in the previous election, part of Thengumkodu ward which was reserved for Scheduled Castes in the previous election and part of Cheruvalam Ward which was reserved for women. Therefore, the entire area covered in the above ward was reserved in the previous election. The contention of the petitioner is that in view of the constitutional provision the reservation of wards should be by rotation and this ward for the next year.

(2.) Article 243-D of the Constitution of India provides that reservations of the seats shall be allotted by rotation. Article 243-D reads as follows :

(3.) In the above circumstances, Ext. P.7, as far as Kodithookiyakunnu Ward is concerned and Ext. P8 are set aside and I direct the District Colletor to take lots on the basis of this judgment.The original petition is allowed to the above extent.Petition allowed.