- (1.) Heard Mr. Mohd. Altaf Mansoor, learned counsel for petitioner as well as learned Advocate General assisted by Mr. H.P. Srivastava, learned Additional Chief Standing Counsel on behalf of opposite parties no. 1 and 2 and Mr. Anurag Singh, learned counsel for opposite party no.3.
(2.) In this Public Interest Litigation, the petitioner has come before this Court seeking following reliefs: "a) Issue a writ, order or direction in the nature of certiorari quashing the impugned government order dated 11.02.2021 (contained in Annexure No. 1). b) Issue a writ, order or direction in the nature of mandamus directing the respondents to issue fresh guidelines in accordance with the procedure provided under the Uttar Pradesh Panchayat Raj (Reservation and Allotment of Seats and Offices) Rules, 1994 and the Uttar Pradesh Kshetra Panchayats and Zila Panchayats (Reservation and allotment of seats and offices) Rules, 1994. c) Issue a writ order or direction in the nature of mandamus directing the respondents not to proceed and finalize the reservation of seats of the gram panchayats, Kshetra Panchayats or Zila Panchayat in pursuance to the impugned government order dated 11.02.2021. d) Award costs in favour of the petitioner against the opposite parties. e) Pass such further or other orders as may be considered expedient in the interest of justice."?
(3.) Learned counsel for petitioner submits that provisions for reservations in the aforesaid elections are to be determined as per the Uttar Pradesh Panchayat Raj (Reservation and Allotment of Seats and Offices) Rules, 1994 [hereinafter referred to as Rules of 1994] with Rule 4 providing allotment of seats for reservation on rotational basis. It has been submitted that pursuant to amendment in Article 243D of Constitution of India, the aforesaid Rules were notified and for the purposes of allotment of seats as per reservation under Rule 4 of Rules of 1994, the base year was taken as 1995. It is submitted that subsequent elections in 1995, 2000, 2005 and 2010 were held in accordance with the aforesaid Rules of 1994.;