LAWS(KER)-2010-8-626

K PRABHAKARAN Vs. STATE OF KERALA AND ORS

Decided On August 30, 2010
K PRABHAKARAN Appellant
V/S
State Of Kerala And Ors Respondents

JUDGEMENT

(1.) The petitioner challenges the delimitation of various wards of Anakkara Grama Panchayat. He is a political activist and had raised various objections regarding the proposal for delimitation of constituencies. Going by Ext.P3 order for the year 2005, the total area of the Panchayat was divided into 15 wards. Ext.P2 is the copy of the guidelines issued for the delimitation of wards in every Panchayat. The total number of wards has been fixed as 16 as per Ext.P4 proposal. Various grounds have been raised in the writ petition to challenge the final order Ext.P9.

(2.) On behalf of the second respondent, a statement has been filed explaining the various aspects. A preliminary objection has been raised regarding the maintainability of the writ petition, in the light of the bar of judicial review under Article 243-O(a) of the Constitution of India.

(3.) In the preliminary objections, it is pointed out that in the light of Article 243-O(a) of the Constitution of India, there is a bar for interference by courts in respect of delimitation of constituencies. Article 243-O(a) states as follows: