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Showing contexts for: amendment made in State Of Kerala vs E.P.Shamsudheen on 24 February, 2025Matching Fragments
15. There cannot be any dispute that consequent upon the increase of strength, the boundaries of the wards in the local authority could be altered. This alteration is the delimitation. Therefore, there is a constitutional bar for this Court to entertain a challenge to Section 6(3). The amendment made to Section 6(3) by the State Legislature increased the strength of the Councillors. Further, there is no scope for entertaining any challenge questioning the vires of the amendment made to Section 6(3) as it is within the competence of State Legislation and it does not involve violation of fundamental rights of the writ petitioners. Also, we cannot say that there is any manifest arbitrariness on the part of the legislature to increase the strength of the local authority. Therefore, the challenge of questioning the amendment made to Section 6(3) of both the enactments must fail.
19. Section 6(1) of both enactments states that the Government shall notify the number of seats of the Councillors considering the population of the area of the local body following the criteria specified in sub-section (3). Sub-section (3) fixes the criteria based on population. It provides the minimum number of councillors as well as the maximum number of councillors. Before the amendment made in the year 2024, the maximum number of councillors was less than in the amended provision in 2024.
wards under sub-section (9), the State (10) Immediately after deciding the reserved
Election Commission shall notify the list of wards under sub-section (9), the State
wards so reserved, in the manner Election Commission shall notify the list of
prescribed. wards so reserved, in the manner
prescribed.
21. The Government without awaiting a fresh census, on the strength of the amendment made in Section 6(3), issued the impugned notification under Section 6(1). This resulted in a [W.A.Nos.202/2025, 194/2025, 198/2025, 199/2025, 201/2025, 203/2025, 204/2025, W.P.(C).Nos.43470/2024, 46191/2024, 46523/2024, 46542/2024, 537/2025, 730/2025, 1750/2025, 2009/2025, 4176/2025, 5948/2025] 2025:KER:15559 challenge. The petitioners who challenged the notification argue that once the exercise is carried out under Section 6(1), any alteration of the strength can be only based on a fresh census or based on an alteration of the local body as referred to under Section 4 of the Municipality Act.