High CourtsSingle Bench(2010) 09 KL CK 0115

Saju V. Sanir vs The Kerala State Delimitation Commission, The Kerala State Election Commission, The District Collector and V. Suresh Kumar

High Court Of Kerala · Decided on 3 September 2010

HON’BLE JUDGES
P.N.Ravindran, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 27390 of 2010 (W)

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Judgment

3 paragraphs · 182 words

P.N. Ravindran, J.—Ext.P8 final delimitation report submitted by the Secretary of Ranni Grama Panchayat to the State Delimitation Commission pursuant to an order passed by the State Delimitation Commission is under challenge in this writ petition.

2.

Ext.P8 final delimitation report was published in the Kerala Gazette Extraordinary dated 30.6.2010. A learned single Judge of this Court has in W.P(C) No. 23641 of 2010 and connected cases held that once the delimitation order is passed and the final delimitation report is published in the Official Gazette it will have the force of law and therefore, the bar under Article 243-O of the Constitution of India operates. It was held that by virtue of the provisions contained in Section 10(3A) of the Kerala Panchayat Raj Act, 1994 every order issued by the State Delimitation Commission with regard to the delimitation of the constituencies shall on publication in the Official Gazette have the force of law.

In such circumstances I am of the considered opinion that the relief prayed for by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed.