On December 18, 2024, the Kerala High Court declared the recent delimitation exercises conducted in eight municipalities and one panchayat as invalid. The affected local bodies include Padne Grama Panchayat and the municipalities of Panoor, Mukkom, Koduvally, Payyoli, Sreekandapuram, Feroke, Pattambi, and Mattannur.
Background of the Delimitation Exercise
The Kerala government, through the Kerala Municipality (Second Amendment) Act, 2024, and the Kerala Panchayat Raj (Second Amendment) Act, 2024, sought to increase the ratio of councilors and panchayat members relative to the population. Subsequently, a notification was issued to increase the number of wards in various panchayats and municipalities. The Kerala Delimitation Commission initiated the delimitation process to align with these changes, directing that delimitation should occur even in areas where the number of wards remained unchanged, based on population metrics.
Petitioners' Arguments
Petitioners contended that many of these local bodies had already undergone delimitation based on the 2011 census, particularly during their conversion to municipalities in 2015. For instance, residents of Padne Grama Panchayat highlighted that a portion of the Ori ward was designated as a 'smaller urban area' and incorporated into Neeleswaram Municipality in 2015. Similarly, residents of Mattannur Municipality noted a delimitation exercise in 2017. They argued that further delimitation without new census data was unwarranted and legally indefensible.
State Government's Position
The state government justified the amendments by citing significant population growth since the 2011 census. They argued that the adjustments were necessary to reflect current demographic realities and ensure adequate representation. The government maintained that the formation and reconstitution of local bodies in 2015 were based on urbanization trends, with the 2011 census being one of several criteria considered.
High Court's Analysis and Judgment
Justice Mohammed Nias C.P. observed that once the government establishes or reconstitutes a local body and determines the number of seats under Section 6(1) of the relevant Acts, any variation in the number of seats must adhere to the procedures outlined in Section 6(2). The court emphasized that the government and the Delimitation Commission do not possess independent authority under Sections 6(1) and 6(2) to alter the number of seats without following due process. The court concluded that conducting a delimitation process using outdated or previously utilized data undermines its legality and contradicts the provisions of the Act. Consequently, the court invalidated the recent delimitation exercises in the specified municipalities and panchayat.
Implications of the Ruling
This judgment signifies a substantial setback for the state government's efforts to adjust local governance structures ahead of upcoming elections. The court's decision underscores the necessity of basing delimitation exercises on current and accurate demographic data, typically obtained through the most recent census. The ruling also highlights the importance of adhering to established legal procedures when modifying the composition of local bodies to ensure fair and equitable representation.
Conclusion
The Kerala High Court's invalidation of the recent delimitation exercises serves as a reminder of the critical importance of following due process and relying on up-to-date data when making changes to local governance structures. The decision ensures that any alterations to the number of wards or seats within local bodies are conducted transparently and legally, thereby upholding the principles of fair representation and democratic integrity.
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