JOSE MOONJELY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a member of the Poomangalam Grama Panchayat. He has filed this writ petition aggrieved by the decision taken by the Kerala State Election Commission to reserve the office of President of Poomangalam Grama Panchayat in favour of women. It is contended that in the elections held in 1995 after the Kerala Panchayat Raj Act was enacted and brought into force, the office of President was reserved in favour of the Scheduled Castes and that in the elections held in the year 2005 the office of President was reserved in favour of women belonging to the Scheduled Castes and therefore for the ensuing elections, the office of President of Poomangalam Grama Panchayat should not have been reserved in favour of the Scheduled Castes or women candidates belonging to the Scheduled Castes or in favour of women. The petitioner contends that the State Election Commission has confined the rotation contemplated in section 153 (4)(d) of the Kerala Panchayat Raj Act in one Block Panchayat and not in the entire district and therefore the decision of the State Election Commission is liable to be set aside.

(2.) Sri Murali Purushothaman, learned standing counsel appearing for the State Election Commission submits that under the provisions of section 153(4)(d) of the Kerala Panchayat Raj Act, allotment of reserved offices has to be made by the Commission before the notification for the general election is issued. He submits that the Government have, in exercise of the power conferred on it, under section 38(2) of the Kerala Panchayat Raj Act, issued a notification, G.O.(P)No.217/2010/LSGD dated 27.9.2010 to the effect that elections to the three levels of Panchayats in Thiruvananthapuram, Kollam, Pathanamthitta, Kozhikode, Wayanad, Kannur and Kasargod districts except Velam Grama Panchayat in Kozhikode district be held on 23rd October, 2010 and in Alappuzha, Kottayam, Idukki, Ernakulam, Thrissur, Palakkad and Malappuram districts be held on 25th October, 2010. He also submitted that copy of the aforesaid notification has been published in the Kerala Gazette (Extra ordinary) at 10.am today. A fax copy thereof was made available to me for perusal. The notification reads as follows:-

(3.) In such circumstances, as the elections have already been notified, I am of the opinion that even if this Court were to find that there is merit and substance in the claim put forward by the petitioner, this Court cannot, at this stage grant any relief to him. The writ petition fails and is accordingly dismissed.