CHIRAYINKEEZHU A BABU Vs. DELIMITATION COMMISSION

JUDGEMENT

(1.) The important question that is raised in this writ petition is with regard to the power of the Delimitation Commission of India to issue a corrigendum notification, after the publication of the order delimiting the Constituencies under S.10(1) of the Delimitation Act (for short 'the Act'). It is also contended that the Statute does not confer any such power and the only provision is the one conferring power under S.11 of the Act on the Election Commission to correct any printing mistake in any order made under S.9 or any error arising therein by way of inadvertent slip or omission.

(2.) The bare facts for the disposal of the writ petition are the following: The petitioner is a permanent resident and voter in Chirayinkeezhu Assembly Constituency and is a lawyer. Prior to the delimitation of the Constituencies, Chirayinkeezhu Panchayat was part of Attingal Assembly Constituency.

(3.) After the formation of the Delimitation Commission in terms of the Delimitation Act, 2002, Ext. P2, a proposal for delimitation of the Parliamentary and Assembly Constituencies in the State was published. In the proposal serial No. 128 Attingal and serial No. 129 Chirayinkeezhu were to be reserved as SC Constituencies. After the consideration of various objections submitted by several voters including the sitting M.L.A. of Attingal, viz. Shri Vakkom B. Purushothaman, the final order was published by the Commission as per Ext. P3. Going by the final order published on 31/05/2005, serial No. 129 Chirayinkeezhu Assembly Constituency was removed from the list of SC reserved Constituency and instead serial No. 133 Vattiyoorkavu was made as SC reserved Constituency in Thiruvananthapuram District.