Case filed in High court of Kerala to divide Panchayats with equal population

Case filed in High court of Kerala to divide Panchayats with equal population

An important case was filed at the High court of Kerala by the Panchayat employees, with constitutional measures of formation of panchayats. G.Jardhana Kurup Associated is appearing for panchayat employees. First applicant is SN.Pramod for Kerala Panchayat Employees federation. Following information is relevant in the case.

 (1) Article 243 C of the constitution says about the composition of Panchayats.- (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Pancayats: Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.

(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and; for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. As per article 243 (f) population means "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; As per Kerala Panchayat Raj Act 1994, section 2 (XXIX) population means the population assessed at the last census the relevant details of which have been officially published; It is clear from the above points that delimitation of territorial constituencies in a Panchayat and the number of seats in a Panchayat is based on Population. 

The notification regarding the strength of newly reorganized/formed BP on the basis of census data 2011 is not found rational as it's component GPs are formed on the basis of census data 2001. So it is right to believe that the condition stipulated in the constitution that the boundary of any constituencies of BP's shall not divide the boundary of any GP constituency, was not followed. so the notification of the strength of BP members on the basis of census data 2011 and subsequent delimitation of constituencies can be seen as a pretext JUST TO SHOW the constitutional conditions followed. So formation of block panchayats based on the existing boundaries of grama panchayts is against the constitutional points.

(3) Constitution of India mandates that the constitution of village panchayats shall be in such a way that the population of each individual GPs are equal as much as possible through out the state. But in Kerala the population of one GP is just above 5000 even as another one is above 70000. 

For instance, population of constituency 3 (Alappady) of Parappanangadi grama panchayat is 2968. Population of constituency 8 Attikkalam of Thalanad grama panchayat is 376. 

Population of Idamalakudi and Nelliampathy grama panchayats are 2236 and 5545 respectively. Population of Thanur and Parappanangadi grama panchayats are 69870 and 70903 respectively. These facts ensures the grama panchayats and its constituencies are not arranged and notified based on the population of 2011, before the notification of the block panchayats. 

There are no practical hurdles exist in forming it with equal population distribution. So reorganize all the existing GPs so that the individual population of GP is more or less equal to the other through out the state . If finds needful, the larger GPs shall be bifurcated or trifurcated. This is first step to be done and should be notified before the delimitation notification of block panchayats and district panchayts. This important step has not been followed here in the case of newly formed block panchayats. Also the delimitation in a particular area is not applicable and only possible throughout the state to complie and fulfill the instructions of the constitution and the KPR act.

(4) The Government shall, by notification in the Gazette, constitute with effect from such date as may be specified in the notification: -(a) a village panchayat for each village or for group of villages. (b) a block panchayat at intermediate level; and (c) a district panchayat for each district panchayat area and specify the names and headquarters of such panchayats. In Saju.K.P and another Vs State of Kerala 2010 (3) KHC 833 , orders that the word or Block Panchayat was not there before the amendment and now it is added after the word Village Panchayat for diminishing area of a Block Panchayat the Government can exclude from such panchayat area any village or group of villages such exclusion will automatically result in exclusion of that village Panchayat from the Block Panchayat . Therefore even after the word village Panchayat is not mention in the last limb of sub section 2(a) or 2 (b) by way of any amendment that is in material. As per Kerala Panchayat Raj Act 1994, section 4(2) The Government may, at the request of the panchayat concerned, or after consultation with the panchayat and after previous publication of the proposal by notification, - (a)increase the area of any village panchayat by including within such panchayat area any village or group of villages; (b)diminish the area of any village panchayat by excluding from such panchayat area any village or group of villages; (c)alter the headquarters of a panchayat at any level; or (d)alter the name of a panchayat at any level. 

In this circumstance its clear that the notification of village is necessary in the formation of Block Panchayat also. Two notifications have been published by the government specifies the block panchayats with the name of villages as well as grama Panchayats. (Exibit) But no territorial boundary of the villages were mentioned in the said notification. It is considered to be the villages mentioned in the notification is same as the boundaries of revenue villages. If so, the geographical boundaries of the villages and grama Panchayats are different. As an example in the sl.no 39 of notification of block panchayats, area of Haripad block panchayat includes Karthikappalli, Thrikkunnappuzha, Kumarapuram, Karuvatta, Veeyapuram, Pallippadu, and Cheruthana villages. At the same time, in the other notification Haripad block panchayat includesKarthikappalli, Thrikkunnappuzha, Kumarapuram, Karuvatta, Veeyapuram, Pallippadu, Cheruthana grama panchayats. The geographical boundaries of Karthikappalli, Thrikkunnappuzha, Kumarapuram, Karuvatta, Veeyapuram, Pallippadu and Cheruthana grama panchayats and the area of the villages with the same name are different. Some part of the said villages are outside the actual boundaries of the haripad block panchayat. That means the villages are divided and included in different local bodies. For instance the territorial jurisdiction of the chingoli, karthikappally and pallippad villages and the grama Panchayats with the same name were one and the same before issuing the notification. But the above revenue villages were divided and a part of it absorbed to the newly formed municipality and the rest is constituted in the Harippad block Panchayat. It is against the article 243 (g) of the constitution. This is against the instructions in the constitution.

(5) The term 'village' in the article 243g of the constitution is often confusing. There is no definition for the word 'village' provided in the constitution. Hence the word likely to bear a conventional meaning. A village in local dialect refers a group of houses with no distinctive boundary. This gives the government unlimited freedom to notify a village under article 243g for the purpose of constituting GP. So the government, even after carving out a section of a village for the purpose of forming municipalities , again notifies the remaining part as another village under article 243g without mentioning any clear boundaries. 4. In Kerala the established form of village is revenue villages. It has a distinctive boundary. The ambiguity in the word ' Village ' can be eased out if the villages notified under article 243g shall be revenue villages unless otherwise specified with the notification with the clear boundaries.

(6)The section 8.(3) of K.P.R Act explains as:In every block Panchayat, stipulated seats shall be reserved for scheduled castes and the scheduled tribes. The section 8.(4) : The number of seats reserved under sub-section (3) shall be determined by the government and the number of so determined shall bear, as nearly as may be, the same proportion to the total number of seats so determined shall bear, as nearly as may be, the same proportion to the total number of seats in the Block Panchayat as the population of the scheduled castes in the block Panchayat area or, as the case may be, of the scheduled tribes in that block Panchayat area bears to the total population of that block Panchayat area, and such seats shall be allotted by the state election commission or the officer authorized by it under sub-section (1b) of section 10 by rotation to different constituencies in that block Panchayat area: Same instructions are also mentioned in the article 243D of the constitution. The said section clearly says the reservation of seats also should be fixed by the population, and if the boundaries of the local bodies and the number of constituencies are changed, it should be based on population of 2011 and not by the population of 2001. So the process of reservation to the new local bodies are against the article 243D, and KPRA section 8.(4). If the local bodies are formed without considering the possibility of equal number of population among these, the number of reserved constituencies will be irregularly distributed.

Intentions : Possibly equal population among the local bodies throughout the state by re-notifying from primary to territory level. Villages should be notified with clear boundaries as revenue villages to avoid crossing the boundaries of villages. If it is obtained a positive result, it is very much helpful to the public in service delivery. So Panchayat employees federation requested all to assist in the case formalities: for more details contact essenp@gmail.com or kpef.kerala@gmail.com

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