M.T. JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is a resident of Vannapuram Grama Panchayat in Idukki District, filed W.P.(C)No.39600 of 2025, invoking the writ jurisdiction of this Court under Article 226 of Constitution of India, seeking a writ of certiorari to quash Ext.P2 guidelines dtd. 24/9/2025 issued by the 2nd respondent Kerala State Election Commission to the extent it is silent about the status of new wards with 100% population/voters from existing reservation wards, ignoring the mandate of Articles 14, 243D, 243T of the Constitution of India, Ss. 7 and 9 of the Kerala Panchayat Raj Act, 1994, and Sec. 6 of the Kerala Municipality Act, 1994; a writ of certiorari to quash Ext.P3 performa-I showing the percentage of population and the status of reservation during the years 2015 and 2020, prepared by the 4th respondent Secretary of Idukki District Panchayat and Ext.P4 order dtd. 21/10/2025 of the 3rd respondent District Collector, who is an officer authorised by the 2nd respondent Kerala State Election Commission, for fixing the reservation wards under Sec. 10(2A) of the Kerala Panchayat Raj Act in Idukki District Panchayat, for the general elections scheduled to be held in the year 2025; a declaration that ward 14-Vannapuram of Idukki District Panchayat shall be a general constituency for the ensuing 2025 general elections; and a writ of mandamus commanding the 3rd respondent District Collector to re-fix the women reservation wards in Idukki District Panchayat after excluding ward 14-Vannapuram, as the same was successively reserved during the elections held on 2015 and 2020 and 100% population/voters are from women reservation ward during 2020.

(2.) In the writ petition, on behalf of the 2nd respondent Kerala State Election Commission, a statement dtd. 29/10/2025 has been filed by the learned Standing Counsel, producing therewith Annexure R2(a) report dated nil submitted by the 4th respondent Secretary of Idukki District Panchayat before the 2nd respondent Kerala State Election Commission, regarding the details of percentage of population included in the newly constituted ward 14-Vannapuram of Idukki District Panchayat.

(3.) On 31/10/2025, when the writ petition came up for consideration, the learned Single Judge admitted the matter on file. The learned Special Government Pleader took notice for respondents 1 and 3, the learned Standing Counsel for the Kerala State Election Commission for the 2nd respondent and the learned Standing Counsel for Idukki District Panchayat for respondents 4 and 5. The learned Single Judge passed an interim order to the effect that the election to be conducted in ward 14-Vannapuram of Idukki District Panchayat will be subject to the result of the writ petition. Paragraphs 3 to 5 and also the last paragraph of that order read thus;