Kerala High Court
Safarulla Puthupaden vs State Of Kerala on 14 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 41965 OF 2025 1
2025:KER:87188
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF NOVEMBER 2025 / 23RD KARTHIKA, 1947
WP(C) NO. 41965 OF 2025
PETITIONER/S:
SAFARULLA PUTHUPADEN
AGED 63 YEARS
S/O MUHAMMED PUTHUPADEN, KOLARKUNNU, SOHS
AREEKKODE, MALAPPURAM, PIN - 673639
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SHRI.RENOY VINCENT
SRI.SHAHIR SHOWKATH ALI
SHRI.CHELSON CHEMBARATHY
SHRI.ABEE SHEJIRIK FASLA N.K
SMT.NANDA SURENDRAN
SHRI.SAHAL SHAJAHAN
SHRI.AQUIN KURUVILLA TOM
SHRI.M.N.MOHAMMED HUSSAIN
SHRI.JITHIN ALEXANDER SUNNY
SMT.NAFIYA SHAHALA C.K.
SMT.AYISHA RISWANA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
2 STATE ELECTION COMMISSION
OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS ELECTION
COMMISSIONER, PIN - 695033
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3 DELIMITATION COMMISSION
OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM REPRESENTED BY ITS COMMISSIONER,
PIN - 695033
4 DISTRICT ELECTION OFFICER
OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
MALAPPURAM, PIN - 676505
5 ELECTORAL REGISTRATION OFFICER
AREACODE BLOCK PANCHAYAT, MALAPPURAM, KERALA, PIN -
673639
6 AREACODE BLOCK PANCHAYAT
MALAPPURAM, KERALA REPRESENTED BY ITS SECRETARY.,
PIN - 673639
7 THE SECRETARY
AREACODE BLOCK PANCHAYAT, MALAPPURAM, KERALA, PIN -
673639
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SHRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION
COMMISSION
SRI.P.C.MUHAMMED NOUSHIQ
SPL GP SMT DEEPA K R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 41965 OF 2025
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Dated this the 14th 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, order or direction, quashing the Notification dated 05.11.2025 issued by the 2nd Respondent, to the extent it reserves the office of President of the Respondent No.6 Areacode Block Panchayat for Women (General) category for the forthcoming 2025 Local Body Elections;
ii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Respondents to reconsider and re-notify the reservation of the office of President of the Respondent No.6 Areacode Block Panchayat strictly in accordance with Article 243D(4) of the Constitution of India and Rule 3 of the Kerala Panchayat Raj (Election of President and Vice President) Rules, 1995, ensuring proper rotation of reservation;
iii. Declare that the reservation of the Office of President of the Respondent No.6 Areacode Block Panchayat for Women (General) category for the 2025 Local Body Elections is illegal, unconstitutional, and in violation of Article 243D(4) of the Constitution of India and Rule 3 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. Issue such other writ, order or direction as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case, in the interest of justice."
[SIC]
2. The main prayer in this Writ Petition is to quash WP(C) NO. 41965 OF 2025 4 2025:KER:87188 the notification dated 05.11.2025 issued by the 2 nd respondent to the extent it reserves the office of President of the 6 th respondent Areacode Block Panchayat for women (General) category for the forthcoming 2025 Local Boady Election.
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 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 WP(C) NO. 41965 OF 2025 5 2025:KER:87188 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.
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 WP(C) NO. 41965 OF 2025 6 2025:KER:87188 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
AJ
Judgment reserved NA
Date of Judgment 14.11.2025
Draft Judgment placed 14.11.2025
Final Judgment uploaded 15.11.2025
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APPENDIX OF WP(C) 41965/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OFFICIAL LIST OF
ELECTED MEMBERS OF RESPONDENT NO.6 BLOCK PANCHAYAT ALONG WITH THEIR RESPECTIVE RESERVED CATEGORIES, AS PUBLISHED BY THE RESPONDENT NO.1 FOR THE ELECTIONS HELD IN 2015 Exhibit P2 A TRUE COPY OF THE OFFICIAL LIST OF ELECTED MEMBERS OF RESPONDENT NO.6 BLOCK PANCHAYAT ALONG WITH THEIR RESPECTIVE RESERVED CATEGORIES, AS PUBLISHED BY THE RESPONDENT NO.1 FOR THE ELECTIONS HELD IN 2020 Exhibit P3 A TRUE COPY OF THE NOTIFICATION DATED 05.11.2025 PUBLISHED BY THE RESPONDENT NO.2 Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 06.11.2025 OF THE PETITIONER