Kerala High Court
Salahudeen T vs The Kerala State Election Commission on 12 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:86761
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2025 / 21ST KARTHIKA,
1947
WP(C) NO. 42360 OF 2025
PETITIONER/S:
SALAHUDEEN T.
AGED 54 YEARS
S/O.THANGAL KUNJU, MANGKUNNIL HOUSE, KADATHUR
P.O., THAZHAVA, KARUNAGAPPALLY, KOLLAM DISTRICT,
PIN - 690523
BY ADVS.
SHRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENT/S:
1 THE KERALA STATE ELECTION COMMISSION
REPRESENTED BY THE KERALA STATE ELECTION
COMMISSIONER, KERALA LEGISLATIVE COMPLEX, VIKAS
BHAVAN P.O., THIRUVANANTHAPURAM., PIN - 695033
2 THE KERALA STATE ELECTION COMMISSIONER
KERALA LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM., PIN - 695033
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2025:KER:86761
WP(C) NO.42360 OF 2025
2
4 THE THAZHAVA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, THAZHAVA, KOLLAM
DISTRICT, PIN - 690539
SRI DEEPULAL MOHAN, SC,
SRI SIJU KAMALASANAN, SC
SMT DEEPA K R, SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.42360 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.42360 of 2025
-------------------------------
Dated this the 12th day of November, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
" i) to issue a writ of certiorari calling for the records leading to the issuance of Exhibit.P1 to the extend reserving the office of the President of the Thazhava Grama Panchayath and quash the same;
ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to exclude the Thazhava Grama Panchayath from reserving the office of the President to women."
[SIC]
2. The petitioner is a resident of Thazhava Grama Panchayat. The grievance of the petitioner is regarding the woman reservation of the President of Thazhava Grama Panchayat by the Election Commission pursuant to Ext.P1 notification dated 05.11.2025. It is submitted that in Kollam District, in the last election, the President of the Klappana Grama Panchayat, Oachira 2025:KER:86761 WP(C) NO.42360 OF 2025 4 Grama Panchayat and Thodiyoor Grama Panchayat in Oachira Block Panchayat were reserved for women. But, as per Ext.P1 notification, the reservation is now excluded in respect of the above three panchayats. The above panchayats are not reserved either for the scheduled caste/scheduled tribe or for women consecutively. However, in the case of the Thazhava Grama Panchayat, the Election Commission reserved the office of the President in three consecutive elections. Thus, the Election Commission ought to have excluded Thazhava Grama Panchayath from reservation and shall open the same to a general candidate. It is submitted that during the last two elections conducted for the periods 2015-2020 and 2020-2025, the office of the President of the Thazhava Grama Panchayat was reserved for women and the Scheduled Caste, respectively, resulting in consecutive reservation. Hence, this Writ Petition (C) is filed with the above prayers.
3. Heard the counsel for the petitioner, the Standing Counsel appearing for the State Election Commission and Special Government Pleader.
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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 a situation is the question to be decided. In Noufal Babu's case (supra), this Court has considered the matter in detail. To know the facts of the case, I will extract paragraph No.1, and to see the dictum laid down in the judgment, it will be better to 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 2025:KER:86761 WP(C) NO.42360 OF 2025 6 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 / 2025:KER:86761 WP(C) NO.42360 OF 2025 7 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. There is no merit in this case.
Accordingly, this Writ Petition (C) is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 12.11.2025
Judgment dictated 12.11.2025
Draft Judgment Placed 14.11.2025
Final Judgment Uploaded 15.11.2025 2025:KER:86761 WP(C) NO.42360 OF 2025 8 APPENDIX OF WP(C) 42360/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE RELEVANT PAGES OF THE ELECTION NOTIFICATION DATED 05-11-2025, PUBLISHED BY RESPONDENTS 1 AND 2 IN THE GAZETTE Exhibit-P2 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE RESPONDENTS 1 AND 2 DATED 07-11-2025