Amidst protest by Opposition, Kerala Governor returns ordinances on ward delimitation, citing election code

A special Cabinet meeting decided to embark on a delimitation process for local body wards across the state.

Published May 22, 2024 | 8:00 AMUpdated May 22, 2024 | 12:21 PM

Amidst protest by Opposition, Kerala Governor returns ordinances on ward delimitation, citing election code

Kerala Governor Arif Mohammed Khan returned the ordinances approved by the state Cabinet, which aimed to delimit the boundaries of wards in local bodies and increase their numbers for the upcoming local body polls, citing the enforcement of the election model code of conduct.

Official sources said on Wednesday, 22 May, that the Governor, who received the ordinances on Tuesday sent them back to the state Chief Secretary.

The Governor sent the ordinances back to the government, citing the enforcement of the model code of conduct for the Lok Sabha polls. He clarified that the ordinances cannot be approved without the Election Commission’s consent, a source said.

The Opposition in Kerala had voiced strong concerns regarding the transparency of the delimitation process.

Alleging potential foul play, Opposition leaders criticised the state government for excluding them from consultations, a stark departure from previous practices where their opinions were sought.

On Monday a special Cabinet meeting decided to embark on a delimitation process to redraw the boundaries of local body wards across the state as part of local body elections 2025.

To expedite the process, the Cabinet decided to seek an ordinance from the Governor for delimitation. The process is expected to pave the way for the creation of approximately 1,200 new local body wards, adding to the existing 21,900 wards.

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Opposition questions transparency, fairness of exercise

Opposition parties argue that the lack of transparency and the exclusion of their inputs could lead to a delimitation process that favours the ruling party, potentially skewing future local body elections.

Talking to the media, Leader of the Opposition VD Satheesan said, “This unilateral approach undermines democratic principles and raises serious questions about the fairness of the entire exercise.”

He further added, “If the ruling party plans any trick so that the delimitation comes favourable for them, we will legally challenge it. The UDF will not allow delimitation which is not based on the existing guidelines and stipulations.”

In contrast, the state government maintains that delimitation is necessary to improve administrative efficiency and local governance.

They argue that the creation of additional local wards will ensure better delivery of services and increased representation for the state’s growing population.

The Opposition, mainly UDF, however, calls for greater scrutiny and involvement of all political stakeholders to ensure a fair and transparent delimitation process.

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The delimitation process

According to the State Election Commission- Kerala (SEC), delimitation is the process of dividing panchayats and municipalities into as many constituencies or wards as there are seats (member/councillors) and fixing or refixing the boundaries of the territorial constituencies for electing members.

It further states that re-delimitation is necessary whenever a change is brought to the number of seats in the panchayats or municipalities on the following grounds:

–       Refixing the number of seats in panchayats and municipalities based on the population of the area, according to the census figures.
–       Refixing the minimum or maximum seats in a panchayat/ municipality.
–       Alteration or conversion of a panchayat/ municipal area.

The power to divide the panchayats, municipalities, and corporations into as many constitutions or wards as there are seats to re-delimit their boundaries was formerly vested with the State Election Commission.

However, following amendments to the Kerala Panchayat Raj Act and the Kerala Municipality Act in 2005, the function of delimitation was entrusted to a Delimitation Commission.

The commission consists of the State Election Commissioner as Chairman and four officers not below the rank of the Secretary to Government as members.

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The procedure

The first step towards delimitation is the issue of draft notification by the Delimitation Commission.

In this, the commission fixes the boundaries based on the information collected from the panchayats, corporations, and municipalities through the District Election Authority (District Collector). This notification will then be published for objections and suggestions.

The SEC said that the objections or suggestions can be given either directly or by registered post. Self-attested copies of documents may also be produced along with the above.

“The commission may summon any officer under the State Government for collecting information, if any, required for the disposal of the objections/ suggestions. It can also summon any person including the person or person who filed objection as a witness and request him to produce the connected documents/records,” said an officer of SEC.

Decisions will be made on objections and suggestions, after verifying them based on the information provided and through personal hearings, if necessary.

It has also been stipulated that the commission must, as far as practicable, ensure equal population distribution among constituencies/wards within a panchayat/municipality.

Every order issued by the Delimitation Commission about the delimitation of constituencies shall be published in the Gazette and shall have the force of law.

The last time ward delimitation was carried out in the state was in 2010 based on 2001 Census data. This time, it will be carried out based on the 2011 Census data.

Kerala has a total of 1,200 local bodies consisting of 21,900 wards as follows:

  • 941 grama panchayaths with 15,962 wards
  • 152 block panchayaths with 2,080 wards
  • 14 district panchayaths with 331 wards
  • 87 municipalities with 3,113 wards
  • Six corporations with 414 wards.

(Edited by Shauqueen Mizaj with PTI inputs)

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