BANGALATH MOHAMMAD Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) Petitioners in all these original petitions have challenged the refixation or delimitation of wards in different Panchayats in Kerala as per orders passed by the Authorised Officers appointed by the Government in exercise of powers under S.143(1) of the Kerala Panchayats Act, 1960 (for short 'the Act'). Such divisions of wards were made after revoking the earlier orders passed by the Deputy Directors of Panchayats, while considering representations filed by interested persons. The refixation now made by the Authorised Officers is challenged on various grounds. Want of jurisdiction, malafide exercise of powers, political motivations and violation of principles of natural justice are the main points urged in these original petitions to assail the impugned orders. Learned Advocate General requested to treat the contentions raised in the counter affidavit filed in O.P. No. 8172/87 as common contentions in all the other original petitions, without prejudice to the Government's right to file separate counter affidavits in other original petitions later, if found necessary.

(2.) It is stated that Government have decided to hold elections to Panchayat Committees either by December, 1987 or at least by early January, 1988. The material contentions set out in the two counter affidavits, which are relevant, are the following:

(3.) There are 1001 Panchayats in the State of Kerala and hence, it is impossible to satisfy all the persons in the matter of division of wards. This High Court has directed the Government in the Judgment dated 11-11-1986 (in O.P.No. 10700/85) to conduct general elections to Panchayats at the earliest. Accordingly, door-to-door enumeration was conducted in all the Panchayats in order to include names of persons who have attained the age of 18 years as on 1-1-1987. This work was completed in April, 1987. The number of voters in wards of Panchayats has increased considerably and disproportionately. Norms have to be observed ia fixing the strength of voters in each ward as per the Kerala Panchayats (Fixing of Strength and Division of Wards) Rules, 1962. Hence the necessity arose for re-alighting the boundaries of the wards. That apart, a strong feeling was expressed by the general public that division of wards as existed in 1984 needs revision at least in a good number of Panchayats. In the above circumstances, Government decided to take steps to revise the division of wards. Suggestions and objections were invited and Government authorised five persons to exercise its powers vested in S.10(3A) of the Act. About 930 objections and suggestions were received from a large number of Panchayats. Even through the Government could have effected delimitation or re-alignment of wards without referring to any objection, Government wanted to approach this question from an entirely democratic perspective and it was hence that objections and suggestions were invited. The Authorised Officers retorted to a scientific and specific method which is conducive to the proper functioning of the Panchayats when constituted. As the principles of natural justice were observed by hearing all the interested parties, the impugned orders are not liable to be quashed on the ground of violation of such principles. It is also contended that the original petitions are not maintainable in as much as the petitioners have got a more efficacious alternate remedy by invoking S.144(3) of the Panchayats Act. Settlement of disputed question of fact cannot be made by invoking Art.226 of the Constitution. In the counter affidavit filed by the Government dated 13-11-1986 in O.P. No. 9087/84 and 10700/85, the Government have informed this court that revision petitions have been received by the Government on ward divisions and those petitions would be disposed of as early as possible. As the said stand was expressed by the Government as early as 13-11-1986, the petitioners must be credited with the knowledge that the Government are bound to dispose of revision petitions filed by persons aggrieved with the earlier fixation of boundaries.