BHASKARAN K Vs. STATE DELIMITATION COMMISSION AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the delimitation of wards of Morayur Grama Panchayat. The objection submitted by the petitioner against the proposal is produced as Ext.P2, wherein it was contended that the boundaries fixed with respect to the wards are not correct and the boundaries will not tally with the map prepared by the respondents. Even in respect of certain wards it is pointed out that houses beyond the wards were also included in the wards without any justification.

(2.) A hearing was conducted on 15.3.2010 and Ext.P3 is the order passed by the Delimitation Commission, wherein, according to the petitioner, none of the objections raised by him were separately considered. Mainly it is contended that geographical boundaries of the wards were not taken into consideration and various details have been made mention of in para 5 of the writ petition. Accordingly, it is contended that the orders are illegal, irregular and arbitrary.

(3.) On behalf of the Delimitation Commission, a Statement and an additional statement have been filed. In the statement a preliminary objection has been raised with regard to the maintainability of the writ petition in the light of the bar of judicial review as provided under Article 243-O(a) of the Constitution of India.