- (1.) We have heard Learned Counsel for the Petitioners. Shri Jafar Naiyer, Addl. Advocate General assisted by Dr. Y.K. Srivastava, Standing Counsel appears for the State Respondents.
(2.) The Writ Petition No. 52132 of 2010, Chhabinath Singh v. State of U.P. and Ors. has been filed for following reliefs: (A) issue a writ order or direction in the nature of mandamus commanding the Respondent Nos. 2 and 4 not to declare general seat of the concerned Gram Panchayat in which there is not a single voter of general cast and also direct them to strictly comply the Government Order dated 9.7.2010 in respect of the reservation of S.T. 2%, S.C. 21% and O.B.C. 27% and the reservation should not be exceeded more than 50% in any circumstances in the concerned Gram Panchayats; (B) issue any other and further writ, order or direction in the nature of mandamus commanding the Respondent Nos. 2 and 4 to strictly comply the rostering in accordance with the Govt. Order dated 9.7.2010, (C) issue any other and further writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of this case; (D) award cost to the Petitioner.
(3.) The Writ Petition No. 55306 of 2010, Umesh Singh v. State of U.P. and Ors. has been filed for following reliefs: (i) Issue a writ, order or direction in the nature of certiorari quashing Section 3 of U.P. Panchayat Raj (Reservation and Allotment of Seats and Offices) (Eighth Amendment) Rules, 2010 as well as impugned notification No. 1145/XXXIII-1-2010-39709 T.C. dated April 30, 2010((contained in Annexure No. 2) and the Government Order dated 9.7.2010 (contained in Annexure No. 3) both issued by the Respondent No. 1. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to declare Section 3 of U.P. Panchayt Raj (Reservation and Allotment of Seats and Offices) (Eighth Amendment), Rules, 2010 as ultra virus. (iii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to adopt the formula for rotation of reservation of office of Gram Panchayt Chairman for forthcoming General Gram Panchayat Election 2010 as provided under Rule 5(2) of U.P. Panchayt Raj (Reservation and Allotment of Seats and Offices) Rules, 1994 as it was prior to issuance of impugned notification dated 30.4.2010 (contained in Annexure No. 2 to writ petition). (iv) Issue any other suitable writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case. (v) Award the cost of writ petition. Both the writ petition, filed in public interest, were nominated to be heard by us by Hon'ble the Chief Justice on 9.9.2010.;