K HABEEBULLA ANSARI S/O KAMMOO K Vs. STATE DELIMITATION COMMISSION; STATE ELECTION COMMISSION; DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is aggrieved by the ward division of Alathur Grama Panchayat in Palakkad District. Ext.P2 is the copy of the objection submitted by the petitioner. On 25.1.2010, the officer on behalf of the District Collector hard the petitioner. It is pointed out that in the hearing, the objections were found to be genuine also.

(2.) The final order delimiting the constituencies was published as per Ext.P3. It is pointed out that the wards are now delimited breaking natural boundaries like public roads, rivers, etc. Political considerations have been weighed in delimiting the wards. In paragraph 6 onwards of the writ petition, the petitioner has given certain details with regard to the different wards, to contend that natural boundaries have not been followed. One of the contentions raised is that the total number of residential buildings shown in the draft publication and the final order are totally incorrect when compared with the assessment register. Finally, it is pointed out that the delimitation order is against the guidelines prescribed by the Commission itself. Certain instances wherein some houses have been shifted and the other houses have been retained in the new ward No. 11 and also some houses have been shifted to ward No. 12 without any justification, have also been pointed out in the writ petition.

(3.) On behalf of the Delimitation Commission, a statement has been filed. Firstly, it is contended that the writ petition is not maintainable in the light of the express bar of judicial review as provided under Article 243-O(a) of the Constitution of India.