ABOOBACKER KANNIYAN Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) These writ petitions raise a question on the legality of the consecutive or successive reservation for the office of Chairpersons and Presidents in the local bodies in the forthcoming general election.

(2.) The State Election Commission issued a notification on 3/3/2020 reserving the post of Chairpersons and Presidents of local authorities for SC/ST and women. The general election to the local authorities was announced on 6/11/2020 and notified by the Election Commission on 13/11/2020. The election has to be completed in different phases. The declaration of election is scheduled on 16/12/2020. The challenge made in all these writ petitions is that consecutive or successive reservation of office of Chairperson of the local body without following rotation is violative of Article 243-D(4) read with Article 14 of the Constitution of India.

(3.) There is no dispute to the fact that the Election Commission was constrained to reserve the post of Chairpersons consecutively on account of implementation of the statutory provisions under the Kerala Panchayat Raj Act, 1994 and the Kerala Municipality Act, 1994. The implementation of the statutory provisions necessarily would result in a consecutive reservation for the reason that the statutory provisions contemplate combined reservation for SC/ST and women beyond 50%. However, in the Constitution, the reservation was contemplated for not less than 30%.