REGENT COMPUTRONICS PVT. LTD.

V.KUNHABDULLA Appellant

V/S

STATE OF KERALA Respondents

Referred Judgements :-

T.N.SESHAN V. UNION OF INDIA [REFERRED]
P.SAMKAMURTHY V. STATE OF A.P. [REFERRED]
N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT VS. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST [REFERRED]
DURGA SHANKAR MEHTA VS. RAGHURAL SINGH [REFERRED]
HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED]
HARINAGAR SUGAR MILLS LIMITED VS. SHYAM SUNDER JHUNJHUNWALA [REFERRED]
ASSOCIATED CEMENT COMPANY LIMITED VS. P N SHARMA [REFERRED]
MEGHRAJ KOTHARI VS. DELIMITATION COMMISSION [REFERRED]
SADIQ ALI P KAKKAN VS. ELECTION COMMISSION OF INDIA NEW DELHI:CHIEF ELECTORAL OFFICER MADRAS [REFERRED]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED]
AJAY HASIA VS. KHAUID MUJIB SEHRAVARDI [REFERRED]
T BARAI VS. HENRY AH HOE [REFERRED]
STATE OF MADHYA PRADESH VS. DEVILAL [REFERRED]
STATE OF UTTAR PRADESH VS. RENUSAGAR POWER CO [REFERRED]
SITARAM SUGAR COMPANY LIMITED U P STATE SUGAR CORPORATION LIMITED VS. UNION OF INDIA [REFERRED]
KIHOTO HOLLOHAN VS. ZACHILLHU [REFERRED]
DIGVIJAY MOTE VS. UNION OF INDIA [REFERRED]
S R BOMMAI VS. UNION OF INDIA [REFERRED]
STATE OF UTTAR PRADESH VS. PRADHAN SANGH KSHETTRA SAMITI [REFERRED]
L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED]

JUDGEMENT

(1.) The dispute highlighted in this batch of Writ Petitions which have been referred to us by a learned Single Judge relates to the de novo delimitation of wards in the various Grama Panchayats in the State by the State Election Commission (for short 'Election Commission') in the purported exercise of his power under S.10A of the Kerala Panchayat Raj Act (for short 'the Act') in flagrant violation of his own guidelines and well settled principles of law resulting in upsetting the delimitation of wards ordered by the District Collector - who is the delegate of the Election Commission - after an elaborate exercise of local inspection, publication of preliminary notification, final notification, hearing of affected parties etc. Petitioners allege that the Election Commission has done so with the malafide intention of dancing to the tune of the political parties in power which amounts to gerrymandering and which is objectionable in law. It is, therefore, prayed that the orders of delimitation passed by the Election Commission under S.10A of the Act be quashed as utterly malafide, totally introducing new boundaries which are not there at all. In some cases prayers have been made to grant a declaration that S.10A of the Act is arbitrary, unreasonable and confers unguided power on the Election Commission and is therefore liable to be declared as unconstitutional.

(2.) We may first deal with the latter category of cases in which the vires of S. 10A of the Act are under challenge.

(3.) We heard learned counsel for the petitioners, learned Advocate General Mr. M. K. Damodaran and Mr. N. Nandakumara Menon, learned counsel for the Election Commission.

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V KUNHABDULLA Vs. STATE OF KERALA

Referred Judgements :-

JUDGEMENT

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