Kerala High Court
K Janardhanan Nair @ Janardhanan Pillai vs Kerala State Election Commission on 13 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.42522 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF NOVEMBER 2025 / 22ND KARTHIKA, 1947
WP(C) NO. 42522 OF 2025
PETITIONER(S):
K JANARDHANAN NAIR @ JANARDHANAN PILLAI
AGED 72 YEARS, S/O KOCHU RAMAN NAIR, SMITHA NIVAS,
AADHINADU THEKKU, KATTILKADAVU P.O, KOLLAM
DISTRICT, KERALA, PIN - 690542
BY ADVS.
SHRI.S.SAMEER
SMT.AMANI R.S.
RESPONDENT(S):
1 KERALA STATE ELECTION COMMISSION
KERALA STATE ELECTION COMMISSION, REPRESENTED BY
ITS SECRETARY, VIKAS BHAVAN, JANAHITHAM, NEAR
LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM,
PIN - 695033
2 STATE OF KERALA
DEPARTMENT OF LOCAL SELF GOVERNMENT, KERALA STATE,
REPRESENTED BY ITS SECRATARY, LOCAL SELF GOVERNMENT
DEPARTMENT SWARAJ BHAVAN, GROUND FLOOR,
NANTHANCODU, KOWDIAR.P.O, THIRUVANANTHAPURAM
DISTRICT, KERALA, PIN - 695003
3 THE DISTRICT COLLECTOR, KOLLAM
COLLECTORATE, 1ST FLOOR, DISTRICT COLLECTOR OFFICE,
KOLLAM CUTCHERY, KOLLAM DISTRICT, KERALA,
PIN - 691013
W.P.(C) No.42522 of 2025
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4 KULASEKHARAPURAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KULASHEKHARAPURAM
GRAMA PANCHAYATH, PANCHAYATHU ROAD,
KULASEKHARAPURAM, KOLLAM DISTRICT, KERALA,
PIN - 690544
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SPL GP, SMT DEEPA K R
SRI.K.P. SATHEESAN (SR.), SRI. P. MOHANDAS, SC -
KULASEKHARAPURAM GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.42522 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.42522 of 2025
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Dated this the 13th 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 reservation of the office of President of Kulasekharapuram Grama Panchayath, Kollam District, as reserved for the Scheduled Caste category for the 2025-2030 election cycle as per Exhibit P2 notification. ii. Issue a writ of mandamus or other appropriate direction commanding the 1st respondent, Kerala State Election Commission, to consider and dispose of Exhibit P6 representation submitted by the petitioner and to refix the reservation of the post of President of Kulasekharapuram Grama Panchayath in accordance with Section 153(3) of the Kerala Panchayat Raj Act, 1994 and Rules 3 to 6 of the Kerala Panchayat Raj (Reservation of Offices of Presidents) Rules, 1995, taking into account the proportional population and rotation principles.
iii. Directing the 1st respondent, the State Election Commission to review and reconsider the reservation of the office of President of Kulasekharapuram Grama Panchayat, Kollam District, for the 2025-2030 election cycle and to reclassify the said post under the General category iv. Declare that the continuous reservation of the office of W.P.(C) No.42522 of 2025 4 2025:KER:86641 President of Kulasekharapuram Grama Panchayat for three consecutive terms, without rotation, is arbitrary, illegal, and violative of Article 14 and Article 243-D of the Constitution of India.
v. Dispense with the filing of translation of vernacular documents. vi. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." [SIC]
2. The main prayer in this writ petition is to quash the reservation of the office of President of Kulasekharapuram Grama Panchayath, Kollam District as reserved for the Scheduled Caste category for the 2025- 2030 election cycle as per Ext.P2 notification because the office of the President was successively reserved.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the State Election Commission and the also the learned Standing Counsel appearing for the Panchayath. I also heard 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 W.P.(C) No.42522 of 2025 5 2025:KER:86641 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 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 W.P.(C) No.42522 of 2025 6 2025:KER:86641 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."W.P.(C) No.42522 of 2025 7
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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 13.11.2025
Judgment dictated 13.11.2025
Draft Judgment placed 13.11.2025
Final Judgment uploaded 13.11.2025
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APPENDIX OF WP(C) 42522/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE VOTERS LIST OF PART
1, WARD NO.20 OF KULASEKHARAPURAM
GRAMA PANCHAYAT, SHOWING THE
PETITIONER'S NAME AT SERIAL NO. 347.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE
GAZETTE NOTIFICATION DATED 05.11.2025, SHOWING THE RESERVATION OF PRESIDENTSHIP POSTS IN FIVE GRAMA PANCHAYATS OF KOLLAM DISTRICT INCLUDING KULASEKHARAPURAM.
Exhibit P3 A TRUE COPY OF THE POPULATION DETAILS OF ALL 68 GRAMA PANCHAYATS IN KOLLAM DISTRICT, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE GOVERNMENT OF KERALA, DEPARTMENT OF PANCHAYATS Exhibit P4 TRUE COPY OF THE DETAILS SHOWING THE LIST OF PRESIDENTS OF KULASEKHARAPURAM GRAMA PANCHAYAT FOR THE ELECTION CYCLE 2015-2020, OBTAINED FROM OFFICIAL RECORDS.
Exhibit P5 TRUE COPY OF THE DETAILS SHOWING THE LIST OF PRESIDENTS OF KULASEKHARAPURAM GRAMA PANCHAYAT FOR THE ELECTION CYCLE 2020-2025, OBTAINED FROM OFFICIAL RECORDS.
Exhibit P6 TRUE COPY OF THE EMAIL REPRESENTATION DATED 07.11.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT REQUESTING REVIEW OF RESERVATION.
//TRUE COPY// PA TO JUDGE