KERALA STATE ELECTION COMMISSION v. K. K. ABDULLAKUTTY
2003-11-05
A.R.LAKSHMANAN, S.B.SINHA, V.N.KHARE
body2003
DigiLaw.ai
ORDER 1. The Kerala Panchayat Raj Act, 1994 provides for conduct of election for Gram Panchayats in respect of various village panchayats. Section 1O-Aof the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as "the Act") provides that delimitation of the constituencies of the Gram Panchayats is to be conducted by the Collector of the district. In the year 1999-2000, the Election Commission called upon all the Gram Panchayats within the State of Kerala to hold elections for constituting the respective Gram Panchayats. Before the elections could take place the Governor of Kerala promulgated anordinance. By the said ordinance, Section 1O-A was inserted in the Act. Subsequently, the said ordinance was replaced by an Act. Section 10-A of the Act empowered the Election Commission to review the delimitation of the constituencies done by the respective Collectors. The constitutionality of the provision was challenged by means of a writ petition under Article 226 of the Constitution of India. The High Court of Kerala struck down Section 1O-A ofthe Act. It is against the said judgment of the Kerala High Court, this appeal has been filed. This Court, while entertaining the appeal, stayed operation of the judgment passed by the High Court as a result of which elections were held and all the Gram Panchayats were constituted for a period of five years. It is not disputed that the term of these Gram Panchayats will come to an end sometime in 2005. 2. The learned counsel appearing for the State of Kerala stated that the State is willing to accept the judgment passed by the High Court provided the term of various Gram Panchayats may not be disturbed. Learned counsel appearing for the respondents also made the statement to that effect. 3. Having regard to the submission made at the Bar, we are of the opinion that while upholding the judgment of the High Court, a direction may be issued that the election which had taken place pursuant to the interim order of this Court should be acted upon; which would serve the interest of justice. 4. In view of the statement made by the learned counsel for the parties, the appeals are disposed of in terms of the interim order with a direction that the election held in pursuance of order dated 20-10-2000 shall be allowed to complete the term of five years. There shall be no order as to costs.