VINOD T. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is submitted by the petitioners, who are the residents of the Arattupuzha Grama Panchayat, the 4th respondent herein. The grievance of the petitioners pertains to the guidelines framed by the 5th respondent, the Delimitation Commission, as evidenced by Ext.P1, to the extent it contemplated a method based on the number of households in the Panchayat, for determining the inhabitant population for the purpose of carrying out the delimitation of wards in the Municipality.

(2.) The facts of the case in brief are as follows: As per the notification issued by the 1st respondent on 6/9/2024, the total number of wards in the 4th respondent Panchayat was increased to 19 from 18. Such a refixation was necessitated consequent to the amendment made in Sec. 6(3) of the Kerala Panchayat Raj Act, 1994, as per Kerala Panchayat Raj (Second Amendment) Act, 2024, wherein the minimum and maximum number of wards in the Grama Panchayats were increased. Consequently, as per Ext.P3 notification, the 5th respondent Commission was formed under Sec. 10 of the Kerala Panchayat Raj Act to carry out the delimitation exercise. Exhibit P1 is the set of guidelines published by the 5th respondent- Commission, which are to be followed while carrying out the delimitation exercise in the State. In Ext.P1, in order to distribute the inhabitant population among the wards in equal proportion, it was contemplated that the average population per household should be calculated by dividing the total population of the Panchayat as per 2011 census by the total number of households in the panchayat as on 1/10/2024, as per the assessment register. Thereafter, the population of the proposed constituency should be calculated by multiplying the average number of households in the proposed constituency by the average household population. According to the petitioners, such a procedure is not proper as the 5th respondent Commission is not competent to follow the said procedure, in view of the fact that, as per Sec. 6(1) of the Kerala Panchayat Raj Act, the total number of seats in a village panchayat has to be determined with reference to the population of the territorial area of panchayat concerned. The expression 'Population' is defined under Art.243(f) of the Constitution of India, and it means the 'population' as ascertained at the last preceding census of which the relevant period has been published. Therefore, according to the petitioner, the data collected from the last census alone could be the basis of the delimitation and depending upon the average of the households as existed in the assessment register of the Panchayat is not proper. Apart from the above, several discrepancies resulting from a calculation based on the number of households were also pointed out. Such discrepancies include the duplication of the households, the inclusion of permanently uninhabited/abandoned households, which are still included in the Assessment Register, etc. It was in those circumstances that the petitioners filed this Writ Petition challenging the Ext.P1 guidelines and the consequential delimitation process that is now in progress.

(3.) A detailed statement was submitted by the 5th respondent-Delimitation Commission wherein, it was contended that, in order to find out the inhabitant population and to distribute it to each constituency in such a manner to ensure that, each constituency consists of equal population as far as practicable, this is the only available method. The obligation of the 5th respondent Commission to ensure equal distribution of population among the wards as mandated under Art.243-C of the Constitution and also under Sec. 6 of the Kerala Panchayat Raj Act was highlighted. It was averred that the 5th respondent-Commission, in its wisdom and through its experience, devised the methodology prescribed in Ext.P1 guidelines, for calculating the average population in a constituency and the same is found to be the most reasonable and scientific method for achieving the mandate of Art.243-C of the Constitution of India and also the statutory mandate of the proviso to Sec. 10(1)(a) of the Kerala Panchayat Raj Act. The methodology adopted by them is explained in paragraph 20 of the statement, which reads as follows: