BIJO JACOB Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioners in these writ petitions are challenging allocation of reserved seats to different wards/divisions of some of the local bodies in the State for the ensuing election. They are either persons interested in electing their representatives or getting elected as the representatives of the people in the ensuing election. It is alleged in all the writ petitions that the aforesaid wards/divisions were successively reserved for one or other categories in the elections held during 2010 and 2015 and that the said wards/divisions are reserved again for the third time in the ensuing election. According to the petitioners, the aforesaid wards/divisions having been successively reserved for two consecutive elections, the said wards/divisions cannot be reserved in the ensuing election. The petitioners, therefore, seek appropriate directions in this regard in the writ petitions.

(2.) Statements have been filed by the State Election Commission in some of the matters taking the stand that the writ petitions are belated in as much as the election has already been announced on 06.11.2020 and they are, therefore, liable to be dismissed on that score. It was also contended in the statements that the petitioners being persons who have not approached this Court at the appropriate time for relief, but approached this Court when similarly placed persons obtained relief, they can be regarded only as fence sitters and they are therefore not entitled to the relief.

(3.) Heard the learned counsel for the petitioners as also the learned Standing Counsel for the State Election Commission.