LAWS(KER)-2010-7-86

MOHAMMED KUTTY HAJI Vs. STATE ELECTION COMMISSION

Decided On July 16, 2010
MOHAMMED KUTTY HAJI Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) THE petitioners herein are aggrieved by the proceedings issued by the Delimitation Commission whereby the order passed by the Commission as per Ext.P-8 delimiting the constituencies, has been varied.

(2.) THE draft proposal was published by the Commission on 21 -12-2009 calling for suggestions and objections. We are concerned with Ward Nos. 1 and 2 of Vengara Grama Panchayat. Ward No. 1 is named as Kolappuram East and Ward No.2 is named as Kuttoor North. THE Secretary of the Panchayat gave his report in the matter and accordingly the draft was published. Certain objections have been filed by the petitioners and other interested parties and Ext.P-4 is the copy of the objections and suggestions submitted by the first petitioner. Ext.P-5 is the objections and suggestions submitted by petitioners 2 and 3. Ext.P-6 is an additional objection/ suggestion made by the first petitioner. Ext.P-7 is the objection/suggestion submitted by the elected member of the first ward.

(3.) WHEN WP.(C) No.18801/2010 came up for hearing on 24-6-2010, learned Standing Counsel for the Commission submitted that the Commission is prepared to offer a hearing to the petitioners. After conducting a hearing, fresh proceedings have been issued by the Commission as per Ext.P-11 produced in W.P.(C) No.21098/2010 upholding Ext.P-9 itself. This is under attack in W.P.(C) No.21098/2010.