HIMANSHU BIJALWAN Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-68
HIGH COURT OF UTTARAKHAND
Decided on December 03,2013

Himanshu Bijalwan Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) According to the petitioner, Block Narendra Nagar, District Tehri Garhwal seat has been reserved for general category women candidate, whereas on the last election held in the year 2008, it was also reserved for general category women candidate. According to the petitioner this is in violation of Article 243-D of the Constitution of India as well as Rule 5 of U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1994.
(2.) Mr. Rakesh Thapliyal, learned counsel for the petitioner submits that according to the Article 243-D of the Constitution of India the reserve seat has to be done by way of "rotation" which has not been followed. This is also the contention of the learned counsel for the petitioner that Rule. 5 of the U.P. Kshettra Panchayats & Zila Panchayats Adhiniyam, 1994 which provides the criteria for allotment of offices by rotation is the population. The Article 243-D of the Constitution of India reads as under:- "243D. Reservation of seats (1) Seats shall be reserved for (a) the Scheduled Castes; and (b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the, total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one third of the total number of seats reserved under clause (1) shall be reserved for women belonging, to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens."
(3.) However, this Court has been informed that since the order has been passed in WPMS No. 1612 of 2013 (decided on 26.11.2013) wherein direction was issued to the State Authorities to hold the election as per the census of 2011, this writ petition is disposed of with a direction to the petitioner, who is at liberty to make a fresh representation bringing all his grievances before the authority concerned, who shall decide the matter, in accordance with law, within a period of two months from the date of production of a certified copy of this order.;


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