- (1.) The question in this case turns on, 'whether the persons shifted from the list of notified Scheduled Castes to the notified list of Scheduled Tribes, under the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 2002 (Act No. 10/ 2003), under Article 342 of the Constitution of India, can be deprived of their constitu-tional rights under Article 243-D, of propor-tional representation in Panchayat elections, on the ground, that their numbers for giving them representation for reservation in the seats of Chairpersons of village panchayats is not available with the State Government, from the Census 2001 figures; and whether any other empirical data can be relied upon to fulfil the constitutional mandate.'
(2.) We have heard Shri L.P. Singh; Shri P.K. Kashyap and Shri Vivek Saran for the peti-tioners. Shri Satish Chaturvedi, Additional Advocate General assisted by Shri Y.S. Bohra and Dr. Y.S. Srivastava for the respondents.
(3.) 'Pradeshiya Jan Jati Vikas Manch' a so-cial service organization through its presi-dent Shri Munshi Prasad Gond, and ' Adiwasi Vikas Samiti' through its Secretary Shri Shrawan Kumar Gond, have filed these writ petitions in public interest for giving the ten castes and seven sub-castes excluded from the Scheduled Castes, and included in the Scheduled Tribe by Act No. 10/2003, for which necessary Government Order was is-sued on 3.7.2003, the proportional represen-tation due to them under Article 243 D of the Constitution of India. They have also prayed for quashing the order dated 3.6.2010 passed by the Chief Secretary, Government of U.P on the representation made by them in pursuance to the directions issued by this Court on 21.4.2010 in Writ Petition No. 20380/2010 to provide reservation in the panchayat elections at 2%, instead 0.06% in respect of the 13 districts as per population shown in Census 2001; for directions to the State Government to rely upon the empirical data collected by the Directorate of Sched-uled Castes and Scheduled Tribes, New Delhi (if such data is not available in the Census 2001), and also for a writ of mandamus to provide reservation to the Scheduled Tribes on the basis of the Census 2001.;