Document Fragment View
Fragment Information
Showing contexts for: gerrymandering in M.John vs Kerala State Election Commission on 11 August, 2010Matching Fragments
4. The 6th respondent has filed a counter affidavit. Learned counsel for the petitioner Shri Thomas Abraham submitted that the Delimitation Commission could not have considered the objections raised by the 6th wpc 21875/2010 & respondent after it had rejected a part of his objections and delimiting the wards as per Ext.P3. It is pointed out that acceptance of the suggestions in toto, has resulted in 'gerrymandering' to suit the convenience of the 6th respondent. It is pointed out that the inclusion of 102 houses to Ward No.XIII is without any notice to the voters of these houses. It is also pointed out that this has resulted in increase of the population in Ward No.XIII above the average now fixed. The population in Ward No.XIII will become 2050 which will be 20.04% above the average number of 1625. It is therefore submitted that gross injustice has been done in the matter.
19. Shri Thomas Abraham, learned counsel for the petitioner submitted that in the light of the decision of the Apex Court in State of Madhya Pradesh and others v. Devilal (AIR 1986 SC 434) Ext.P6 order cannot be supported. It is pointed out that the Apex Court has deprecated the attempt of 'gerrymandering' which is squarely attracted here. A reading of the judgment shows that that was a case where the constituencies were ordered to be altered by the Government, after the final notification was issued and after the process of election had started, which was found incompetent by the Apex Court. This is clear from the following part of the wpc 21875/2010 & judgment:
"A close and combined reading of these provisions and the other provisions of the Act which follow hereafter make it quite evident that the actual control over the Grama Panchayat in a block is through the Janapada Panchayat for the block. It would also appear that the result of the elections to the Janapada Panchayat would depend upon the nature of the electoral roll prepared for each constituency in a block. If the State Government were to issue a notification under sub-s (1) of Section 106 of the Act for redistribution of the constituencies in a block after the process of election has started, it would necessarily change the whole pattern of voting in the election of members for the Janapada Panchayat. This is plainly a typical case of gerrymandering. As is well-known, 'gerrymander' is an American expression which has taken root in the English language meaning to arrange election districts so as to give an unfair advantage to the party in power by means of a redistribution act or to manipulate constituencies generally."