LAWS(KER)-2020-11-5

K. T. ELDHOSE Vs. STATE OF KERALA

Decided On November 04, 2020
K. T. Eldhose Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Common questions relating to allotment of seats to various constituencies in the ensuing election to the local bodies in the State arise for consideration in these writ petitions. These writ petitions are, therefore, disposed of by this common judgment.

(2.) Before dealing with the questions, the facts which are not in dispute need to be stated. The petitioner in W.P.(C) No.21038 of 2020 is a member of Kalady Grama Panchayat, elected from Ward No.1 in the election held during 2015. He is desirous of contesting from Ward No.2 in the ensuing election, as Ward No.1 which was a general seat during the previous election would be reserved naturally for a reserved category in the ensuing election. Ward No.2 was a reserved seat for women in the election held during 2010, and for candidates belonging to Scheduled Castes in the election held during 2015. According to the petitioner, having been successively reserved for two consecutive elections, the said constituency cannot be reserved for any category in the ensuing election. Ward No.2, however, is reserved for women in the ensuing election by the authorized officer of the State Election Commission (the Election Commission). The petitioner, therefore, challenges the said decision in the writ petition. He also seeks appropriate directions to the respondents to keep Ward No.2 of Kalady Grama Panchayat as a general seat in the ensuing election.

(3.) Coming to W.P.(C) No.21821 of 2020, the petitioner is a person residing in Ward No.6 of the Pala Municipality. As in W.P.(C) No.21038 of 2020, Ward No.6 of Pala Municipality was a seat reserved for women in the election held during 2010 and for candidates belonging to Scheduled Castes in the election held during 2015. As in W.P.C) No.21038 of 2020, the petitioner in this case also maintains that having been successively reserved for two consecutive elections, the said constituency cannot be reserved for any category in the ensuing election. The said constituency, however, is reserved for women in the ensuing election by the authorized officer of the Election Commission. The petitioner, therefore, challenges the said decision in the writ petition. He also seeks appropriate directions to the respondents to keep Ward No.6 of Pala Municipality as a general seat in the ensuing election.