Kerala High Court
Moosa Ummat vs State Election Commission on 11 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.42279 of 2025
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2025:KER:86607
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF NOVEMBER 2025 / 20TH KARTHIKA, 1947
WP(C) NO. 42279 OF 2025
PETITIONER(S):
MOOSA UMMAT,
AGED 55 YEARS, S/O. MOHAMMED, VALLAPARAMBU (H),
P.O. IRUNKUZHI, MALAPPURAM, KERALA -, PIN - 676509
BY ADVS.
SRI.K.SHIBILI NAHA
SMT.A.LOWSY
SMT.T.SWETHA
RESPONDENT(S):
1 STATE ELECTION COMMISSION,
REPRESENTED BY THE STATE ELECTION COMMISSIONER,
OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM -, PIN - 695033
2 DISTRICT ELECTION COMMISSIONER,
CIVIL STATION, MALAPPURAM -, PIN - 676505
3 JOINT DIRECTOR,
LOCAL SELF GOVERNMENT DEPARTMENT, CIVIL STATION,
MALAPPURAM -, PIN - 676505
4 ANAKKAYAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, ANAKKAYAM P.O.,
MALAPPURAM -, PIN - 676509
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SMT. DEEPA KK., SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.42279 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.42279 of 2025
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Dated this the 11th day of November, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i)Issue a writ of certiorari or any other appropriate writ, calling for the records leading to Exhibit P1 notification No:61/2025 dated 05-11-2025 issued by the 1st respondent and quash the original of the same to the extent it reserves the post of the office of the President of the 4th respondent ,Grama Panchayat to the women category as per serial No:409 and column No:5 of the table attached thereto.
ii) Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to consider Ext.P4 and P5 representations submitted by the petitioners and exclude the 4th respondent Grama Panchayat from the list of Panchayats ear marked for the reservation to the post of Presidents in Malappuram District.
iii)Declare that Ext.P1 notification reserving the office of the president consecutively is a clear violation of the manner of allotment of rotation as provided under Rule 3(1) of the Kerala Panchayat Raj (election of President and Vice President) Rules 1995.
iv.To dispense off with translation of vernacular documents to English.
v. To pass such any other order, direction or reliefs as this W.P.(C) No.42279 of 2025 3 2025:KER:86607 Hon'ble Court may deem fit in the interest of justice, equity and good conscience." [SIC]
2. The main prayer in this writ petition is to quash Ext.P1 notification issued by the 1 st respondent to the extent it reserves the post of the office of the President of the 4th respondent Grama Panchayath to the women category as per serial No.409 and column No.5 of the table attached thereto.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the State Election Commission and also the learned Special Government Pleader.
4. A preliminary objection is raised by the Standing Counsel appearing for the State Election Commission stating that this Court cannot entertain the prayers in this Writ Petition in the light of the dictum laid down by this Court in State of Kerala and Others v. Noufal Babu E.K. and Others [2020 KHC 5613]. It is submitted that the general election for the year 2025 has W.P.(C) No.42279 of 2025 4 2025:KER:86607 already been declared. I will consider that point first.
5. Admittedly, the State Election Commission declared the general election to the local bodies for the year 2025 on 10.11.2025. The election is scheduled to be conducted on 09.12.2025 and 11.12.2025. Whether this Court can interfere in such situation is the question to be decided. In Noufal Babu's case (supra), this Court considered the matter in detail. To know the facts of the case, I will extract paragraph No.1 and to know the dictum laid down in the judgment, I will extract paragraph No.70 of the above judgment:
"1. The writ appeals are filed by the State and its officials, and the Kerala State Election Commission as captioned above, challenging the judgments dated 16-11-2020, 19.11.2020 and 20.11.2020 rendered by the learned single Judge in various writ petitions, whereby the learned single Judge allowed the writ petitions and directed the Kerala State Election Commission to recast the reservation by rotation to the office of the President and Chairpersons of the local bodies in question, pursuant to the notifications issued by the State Election Commission dated 03.11.2020 in that W.P.(C) No.42279 of 2025 5 2025:KER:86607 regard, which is a process of the General Elections notified by the State Election Commission. Though one of the writ petitions was filed earlier to the notification issued by the State Election Commission and the other writ petitions were filed on 06.11.2020 i.e., the date of the announcement of elections by the State Election Commission, the judgment was passed on 16.11.2020 after the notification of election issued by the State Government on 12.11.2020.
70. Bearing in mind the provisions of the Constitution of India and the relevant statutes and so also the proposition of law laid down by the Apex Court in the aforementioned judgments as well as in N.P. Ponnuswami and Mohinder Singh Gill (supra), we have no hesitation to hold that the issues raised by the petitioners are clearly barred under Art.243 - O(a) and 243 - ZG(a) r/w clauses (b) thereto of the Constitution of India. We also find that the learned single Judge having found that there is no illegality on the part of the State Election Commission to reserve the offices in accordance with the provisions of the statutes, according to us, was not right in interfering with the electoral process, especially when the directions issued by the learned single Judge to recast the rotation to the post of Chairpersons / President of the local bodies is a complex and complicated procedure dependent on various factors in accordance with the provisions of W.P.(C) No.42279 of 2025 6 2025:KER:86607 the Constitution as discussed above and the provisions of the statutes in question."
6. Admittedly, the above judgment was challenged before the Apex Court and the Apex Court dismissed SLP Nos.15998 & 15999/2020. In the light of the same, I am of the considered opinion that this Court cannot entertain the prayers in this Writ Petition. But the counsel appearing for the petitioner submitted that the issue raised may be left open. I think that prayer can be allowed. Therefore, the issue raised in this Writ Petition is left open. But, there is no merit in this Writ Petition.
Accordingly, this Writ Petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 10.11.2025
Judgment dictated 10.11.2025
Draft Judgment placed 13.11.2025
Final Judgment uploaded 14.11.2025
W.P.(C) No.42279 of 2025
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APPENDIX OF WP(C) 42279/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTIFICATION DATED
05.11.2025 ISSUED BY 1ST RESPONDENT DENOTING THE SAME AS SERIAL NO:409 AND COLUMN NO:5 Exhibit P2 A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION NO:275/2020 DATED 03.11.2020 SHOWING THE SAME AS SERIAL NO:85 IN COLUMN NO:5 OF THE TABLE ATTACHED THERETO Exhibit P3 A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION NO:126/2015 DATED 01.10.2015 SHOWING THE SAME AS SERIAL NO:393 IN COLUMN NO:5 OF THE TABLE ATTACHED THERETO, ISSUED BY THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 06.11.2025 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT SEEKING TO REVIEW THAT MATTER AND TAKE APPROPRIATE STEPS TO DECLARE THE PRESIDENTSHIP TO THE 4TH RESPONDENT PANCHAYAT IN THE GENERAL CATEGORY FOR THE ENSUING ELECTION Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 06.11.2025 EVIDENCING ACKNOWLEDGMENT OF RECEIPT OF THE SAME ON 07.11.2025 BY THE OFFICE OF THE 1ST RESPONDENT //TRUE COPY// PA TO JUDGE