Kerala High Court stops recast of block panchayats

Kochi: Kerala High Court on Friday asked the state government to stop the delimitation of block panchayats.  

Justice A.V. Ramakrishna Pillai issued the interim order while consider 12- odd petitions challenging the notification on August 3.

Since a division bench had asked the Election Commission to go ahead with its plans,  the commission's decision will be final with regard to the block panchayats  also.

A single bench had earlier quashed the bifurcation of 69 panchayats.   The petitioners argued that some of the block panchayats were involved in these 69 grama panchayats.  

They  contended that there was no prior sanction from the Governor. The petitioners also argued that they were not heard when the notification was issued.

One of the petitioners pointed out that the Kozhikode block panchayat consists of Olavanna grama panchayat, Ramanattukara grama panchayat, Feroke  grama panchayat and Kadalundy grama panchayat.

According to a petitioner, the state government had issued a draft notification on  June 29,  2015, proposing to reconstitute the Kozhikode block panchayat by including four panchayats  namely Panthirankavu, Kadalundy, Olavanna and Perumanna.

Without issuing a fresh preliminary notification, the final list was  published by which the Kozhikode block panchayat itself was  abolished.  

The government has no power to increase or diminish the area of a block panchayat.  Only the area of a village panchayat can be increased or diminished by invoking the powers under Section 4(2) of the Panchayat   Raj Act, the petitioners argued.

The government can only alter the headquarters of a panchayat  at any level as per Section 4(2)(c) of the Panchayat  Raj Act.