THOMAS JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed by a resident of Puramattom Grama Panchayat, challenging Ext. P10 order of the Kerala State Delimitation Commission dated 05-08-2005. Thereby the Secretary of the Grama Panchayat had been directed that taking notice of the observations made therein, appropriate regularisation had to be done, so as to include certain houses in the proposed Constituency No. 2 and streamline the number of voters. Final delimitation list so prepared had to be presented for approval of the Commission. The petitioner pointed out that earlier on 25-07-2005 there had been a direction issued by the Delimitation Committee to the Secretary of the Grama Panchayat for making appropriate changes on the basis of the report of the Enquiry Officer, whereby final list of delimitation was to be forwarded to the Commission for approval, it had been duly carried out, and a repetition was unauthorised and practically resulted in a review of the earlier orders and therefore suffered from a jurisdictional error.

(2.) The principal contention was that after passing Ext. P7 order, the Delimitation Commission had become functus officio and could not have further passed orders in the nature of Ext. P10, as it was not a procedure authorised by the Kerala Panchayat Raj Act (hereinafter called 'the Act'].

(3.) Noticing the contention of the standing counsel appearing on behalf of the Delimitation Commission, that Ext. P7 was not a final order, and Ext. P10 had been issued validly, a learned single Judge had expressed an opinion that an authoritative pronouncement of a Division Bench was desirable. There was necessity for expeditious disposal of the case. Taking notice of the urgency as above expressed, the matter was posted for final hearing.