Kerala High Court
Arun.S.Mohankumar vs State Of Kerala on 11 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 42189 of 2025
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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. 42189 OF 2025
PETITIONER(S):
ARUN.S.MOHANKUMAR
AGED 45 YEARS
S/O SUSHEELAN NAIR,ARUN NIVAS,ARUMANOOR P.O
KOTTAYAM DISTRICT KERALA, PIN - 689507
BY ADV. SRI.ANZAR BASHEER
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SPECIAL SECRETARY TO ITS
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 STATE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, JANAHITHAM, TC-27/6
(2), VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA,,
PIN - 695033
3 THE PRINCIPAL DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR,
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR,
THIRUVANANTHAPURAM, KERALA, PIN - 695003
4 JOINT DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, CIVIL STATION,
COLLECTORATE P. O., KOTTAYAM DISTRICT, KERALA,,
PIN - 686002
W.P.(C) No. 42189 of 2025
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5 THE DISTRICT ELECTION OFFICER KOTTAYAM
DISTRICT COLLECTOR KOTTAYAM, CIVIL STATION,
COLLECTORATE P. O., KOTTAYAM DISTRICT, KERALA,
PIN - 686002
6 AYARKUNNAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, AYARKUNNAM
P.0 ,AYARKUNNAM, KOTTAYAM DISTRICT, KERALA,
PIN - 686564
7 THE SECRETARY, AYARKUNNAM GRAMA PANCHAYATH
AYARKUNNAM P.0 ,AYARKUNNAM, KOTTAYAM DISTRICT,
KERALA, PIN - 686564
BY ADV.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SPL GP, SMT. DEEPA K R, SC SRI DEEPULAL MOHAN,
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. 42189 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 42189 of 2025
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Dated this the 11th day of November, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"1. Issue a writ of certiorari or any other appropriate writ, order or direction setting aside Ext. P2.
2. Declare that the post of President of the 6 th respondent Grama Panchayat is not to be reserved for any category in the ensuing election to be conducted by the 2 nd respondent.
3. Issue a writ of Mandamus or any other appropriate writ, order or the 2nd respondent to consider and dispose Exhibit P7 representation in accordance with law forthwith
4. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the competent among the respondents to undertake the exercise of allotment of the post of President in the Grama Panchayats of Kottayam District in terms of Ext. P1 by excluding the 6th respondent.
5. Issue any other appropriate writ, order, or direction, as the petitioner may seek and this Hon'ble Court deems fit, in the facts and circumstances of the case and allow this petition with all costs. AND
6. Dispense with the filing of the translation of vernacular documents."[SIC] W.P.(C) No. 42189 of 2025 4 2025:KER:86354
2. The main prayer in this Writ Petition is against Ext.P2 and also to declare that the post of President of the 6 th respondent Grama Panchayat is not to be reserved for any category in the ensuing election to be conducted by the 2 nd respondent.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Kerala State Election Commission and 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 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 W.P.(C) No. 42189 of 2025 5 2025:KER:86354 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 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.W.P.(C) No. 42189 of 2025 6
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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 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 W.P.(C) No. 42189 of 2025 7 2025:KER:86354 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
DM
Judgment reserved NA
Date of Judgment 11.11.2025
Judgment dictated 11.11.2025
Draft Judgment placed 13.11.2025
Final Judgment uploaded 13.11.2025
W.P.(C) No. 42189 of 2025
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APPENDIX OF WP(C) 42189/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED
03/11/2025 ISSUED BY THE 2ND RESPONDENT IN THE EXTRAORDINARY GAZETTE OF KERALA EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 05/11/2025 ISSUED BY THE 2ND RESPONDENT IN THE EXTRAORDINARY GAZETTE OF KERALA EXHIBIT P3 TRUE COPY OF THE SCREENSHOT OBTAINED FROM THE WEBSITE OF THE 2ND RESPONDENT FOR THE YEAR 2015 EXHIBIT P4 TRUE COPY OF THE SCREENSHOT OBTAINED FROM THE WEBSITE OF THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 6/11/2025 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 9/11/2025 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 6/11/2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED 9/11/2025 RESPONDENT ANNEXURES ANNEXURE-R2(A) THE TRUE COPY G.O (P) NO.24/2025/LSGD DATED 03-05-2025