Kerala High Court
A.M Kunjumarakar vs The Chief Electoral Officer on 6 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 38987 OF 2025 1
2025:KER:85398
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF NOVEMBER 2025 / 15TH KARTHIKA, 1947
WP(C) NO. 38987 OF 2025
PETITIONER/S:
A.M KUNJUMARAKAR
AGED 58 YEARS
S/O MUHAMMED A.K, ANJIKATH VEEDU, KAITHAPPADATH,
THRIKKAKKARA P.O, PIN - 682021
BY ADVS.
SHRI.NIJAZ JALEEL
SMT.NAZLIN JALEEL
SRI.A.B.JALEEL
RESPONDENT/S:
1 THE CHIEF ELECTORAL OFFICER
KERALA STATE ELECTION COMMISSION, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM., PIN -
695003
2 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
3 THE JOINT DIRECTOR
LSGD, COLLECTORATE, CIVIL STATION, KAKKANAD, PIN -
682030
WP(C) NO. 38987 OF 2025 2
2025:KER:85398
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
OTHER PRESENT:
SPL GP SMT DEEPA K R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 38987 OF 2025 3
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P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 38987 of 2025
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Dated this the 6th day of November, 2025
JUDGMENT
The above writ petition is filed with following prayers :
i. "Issue a Writ of Mandamus or other appropriate Writ direction or order declaring that the decision to declare the Karimakad Ward in the Thrikkakkara Municipality as a 'Reservation Ward' continuously for the 3rd time as illegal. ii. Issue a Writ of Mandamus or other appropriate Writ direction or order declaring that the Karimakad Ward 3 in the Thrikkakkara Municipality as a 'General Ward' for the coming Local Body Elections.
iii. Issue any other Writ or order which are deemed fit and necessary in the interest of justice. ' [sic]
2. The challenge in this writ petition is regarding the selection of "Reservation seats" in the local WP(C) NO. 38987 OF 2025 4 2025:KER:85398 body election. According to the petitioner, ward named 'Karimakad' in Thrikkakara Municipality was a reserved seat for women in 2015-2020 and for SC/ST in 2020-2025. As per the norms of the Election Commission, no ward should be continuously Reserved Ward for 3 elections. Now, in order to include Karimakad ward in the reservation quota, the authority spilit the ward as two wards is the grievance of the petitioner. The earlier ward number is 38 and now, it has become 3 and 36 is the further submission. According to the petitioner, in order to make ward no. 38 again a reservation ward, about 500 votes were deleted from the voters list and added 500 votes from another ward and numbered the ward as ward no. 3. It is further submitted that previous ward no.38 consists of 985 votes in part 1 and 980 votes in part 2 and a total of 1965 votes. It is submitted that the present ward 3 consists of 1018 votes in part 1 and 941 votes in part
2. Thus, a total of 1959 votes. The submission of the petitioner is that 65% of the votes in the earlier ward 38 is in WP(C) NO. 38987 OF 2025 5 2025:KER:85398 the present list of ward no.3. So the voters who voted two times in the reservation quota is again to vote in the reservation quota is the submission. Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Election Commission. I also heard the learned Special Government Pleader.
4. The counsel for the petitioner reiterated the contentions raised in this writ petition. The Standing Counsel appearing for the Election Commission takes me through paragraph 13 of the counter affidavit. This Court considered the contentions of the petitioner and the respondents. It will be better to extract paragraph 13 of the counter filed by the Election Commission.
"The newly constituted ward No. 3 (Karimakkad) is formed by carving out the portions of erstwhile ward No. 39 (Model Engineering College) and erstwhile ward No. 38 (Karimakkad). Thus, newly constituted ward No. 3 WP(C) NO. 38987 OF 2025 6 2025:KER:85398 (Karimakkad) now consists of 51.58% of the population of erstwhile ward No. 39 (Model Engineering College) and 41.5% of the population of erstwhile ward No. 38 (Karimakkad). Therefore, though erstwhile ward No. 38 (Karimakkad). was a scheduled Caste constituency in 2020 and a constituency reserved for women in 2015, since only less than 50% of the population of erstwhile ward No. 38 (Karimakkad) has been included in_newly constituted ward No. 3 (Karimakkad), as per Annexure- R1(a) guidelines, newly constituted ward No. 3 (Karimakkad) cannot be given the reservation status of erstwhile ward No. 38 (Karimakkad). Therefore, as per Annexure-R1(a) guidelines, newly constituted ward No. 3 (Karimakkad) was treated as an existing general ward and was included in the lot for selection of reserved wards."
5. From a perusal of the above calculation, it is clear that Annexure-R1(a) guidelines is strictly followed. I see no reason to interfere with the same. Moreover, the jurisdiction of this Court to interfere in these matters is very limited. The Apex Court in AKM Hassan Uzzaman v. Union of India [(1982) 2 SCC 218] observed like this : WP(C) NO. 38987 OF 2025 7
2025:KER:85398 "Though the High Court did not lack the jurisdiction to entertain the Writ Petition and to issue appropriate directions therein, no High Court in the exercise of its powers under Article 226 of the Constitution should pass any orders, interim or otherwise, which has the tendency or effect of postponing an election, which is reasonably imminent, and in relation to which its writ jurisdiction is invoked. The imminence of the electoral process is a factor which must guide and govern the passing of orders in the exercise of the High Court's writ jurisdiction. The more imminent such process, the greater ought to be the reluctance of the High Court to do anything, or direct anything to be done, which will postpone that process indefinitely by creating a situation in which the Government of a State cannot be carried on in accordance with the provisions of the Constitution. ..... The High Courts must observe a self-imposed limitation on their power to act under Article 226, by refusing to pass orders or give directions which will inevitably result in an indefinite postponement of elections to legislative bodies, which are the very essence of the democratic foundation and functioning of our Constitution." (underline supplied)
5. Keeping in mind the above principle, I see no reason to interfere with the impugned order.
There is no merit in this writ petition and hence, the WP(C) NO. 38987 OF 2025 8 2025:KER:85398 same is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 06/11/25
Judgment dictated 06/11/25
Draft judgment placed 11/11/25
Final judgment uploaded 11/11/25
WP(C) NO. 38987 OF 2025 9
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APPENDIX OF WP(C) 38987/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF REQUEST DATED 15/10/2025
Exhibit P1(a) READABLE COPY OF EXHIBIT-P1
RESPONDENT ANNEXURES
Annexure-R1(a) The true copy of proceeding
No.B3/156/2024-SEC dated 24-09-2025
issued by the State Election Commission Annexure-R1(b) The true copy of the form showing the details for fixing the existing reserved wards in respect of Thrikkakara Municipality Annexure-R1(c) The true copy of the proceedings dated NIL of the 3rd Respondent issued under Section 6 (9) of the Kerala Municipality Act, 1994 allotting reserved seats in Thrikkakara Municipality