J PURUSHOTHAM Vs. DISTRICT COLLECTOR PRAKASAM DIST

JUDGEMENT

(1.) The petitioner is a resident of Budavada Village in Cheemakurthi Mandal of Prakasam District. He claims to be one of the voters of the said village. His grievance is that respondents 1 to 3 did not reserve any wards in the said village for candidates belonging to SCs though there are 300 SC voters in the village. Therefore, he seeks a Writ in the nature of Mandamus directing the respondents to reserve seats/wards in Buduvada Gram Panchayat to SCs. He also challenges Article 243-O of the Constitution of India as ultra vires the basic structure of the Constitution.

(2.) In the affidavit accompanying the Writ Petition the petitioner states that there were 2037 voters in the village during the Assembly elections. During the last Gram Panchayat elections one ward was reserved for SC candidate and two for BCs. For the Gram Panchayat elections-2001 the respondents have reserved two wards for BCs, but they have not reserved any ward for SC (General) or SC (Women) categories. The petitioner contends that as per Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 2001 (hereinafter called 'Reservation Rules') the Revenue Divisional Officer (RDO) is required to determine number of seats to be reserved in a Gram Panchayat concerned for members belonging to SCs and STs and as per Rule 4(1) the reservation shall be as nearly as may be as there are SC voters in the village. The action of the respondents in not reserving any wards for SCs, though there are 300 voters is illegal and unconstitutional. The petitioner also states that the RDO has not sent any communication to the concerned Mandal Development Officer (MDO), but still election notification was issued. This is unconstitutional being contrary to the provisions of Article 243-D of the Constitution of India.

(3.) The petitioner also contends that Article 243-O which bars interference by Courts in election matters is violative of basic structure of the Constitution of India as the same seeks to take away the power of judicial review vested in this Court and therefore it is liable to be struck down.