HC fixes quota in local bodies at 50 percent

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Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsThe AP High Court on Tuesday directed the state government to fix only 50 percent reservations for SC/ST/BCs in the Panchayat local bodies and to submit its report on it to the State Election Commission.It also ordered the EC to complete the local body election process within three months after receiving the report. The term of the elected bodies had ended in August 2011.While disposing of a batch of public interest and writ petitions seeking action against the appointment of special officers to Panchayats, the provision of 60.55 percent reservation for the offices of Mandal Praja Parishads and Zilla Praja Parishads, and for conduct of elections, a bench comprising acting Chief Justice P C Ghose and Justice Vilas V Afzulpurkar ordered the state to fix the quota percentage so that it totals to 50 percent.“Reservations to Scheduled Castes, Scheduled Tribes and Backward Classes in Panchayat Raj local bodies should not exceeded the upper ceiling of 50 percent (quantitative limitation)”, the bench ruled.Besides, the bench asked the state to conduct a detailed investigation with regard to the backwardness of the population, collect data, invite objections from the public, analyse the same and then fix the reservation in accordance with the Constitutional scheme. The state must also review the reservation from time to time, it noted.The bench, in its common order, said that the Election Commission shall commence the election process to the local bodies immediately and shall complete the elections within three months from the date of finalisation of the reservation percentage.It also made it clear that it is not inclined to accept some of the petitioners contention that the creamy layer among backward classes should be excluded.As per the impugned G.O., 18.30 percent seats are reserved in favour of SCs, 8.25 percent for STs and 34 percent for BCs, thus making it total of 60.55 percent.The state government had argued that the 34 percent quota for BCs was being followed since 1994 and even in 2006 and hence should be acceptable. But the bench refused to accept the contention “for the reason that in the state there is no empirical data and the reservation is based on unpublished data. Further, limit of reservation (at 50 percent), as ruled by the Supreme Court was not available in 2006.”But the petitioners had alleged that the permissible limit is only 50 percent. They said that apart from this, 33.33 percent of offices at each level are reserved for women. Thus, in the end, only 26 percent is left for unreserved candidates, and all the categories can contest against from the unreserved seats.While agreeing to the petitioner’s contention on this, the bench dismissed the writ petitions challenging the validity of amending Acts providing for appointment of Special Officers for local bodies.first published:September 05, 2012, 10:15 ISTlast updated:September 05, 2012, 10:15 IST
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The AP High Court on Tuesday directed the state government to fix only 50 percent reservations for SC/ST/BCs in the Panchayat local bodies and to submit its report on it to the State Election Commission.

It also ordered the EC to complete the local body election process within three months after receiving the report. The term of the elected bodies had ended in August 2011.

While disposing of a batch of public interest and writ petitions seeking action against the appointment of special officers to Panchayats, the provision of 60.55 percent reservation for the offices of Mandal Praja Parishads and Zilla Praja Parishads, and for conduct of elections, a bench comprising acting Chief Justice P C Ghose and Justice Vilas V Afzulpurkar ordered the state to fix the quota percentage so that it totals to 50 percent.

“Reservations to Scheduled Castes, Scheduled Tribes and Backward Classes in Panchayat Raj local bodies should not exceeded the upper ceiling of 50 percent (quantitative limitation)”, the bench ruled.

Besides, the bench asked the state to conduct a detailed investigation with regard to the backwardness of the population, collect data, invite objections from the public, analyse the same and then fix the reservation in accordance with the Constitutional scheme. The state must also review the reservation from time to time, it noted.

The bench, in its common order, said that the Election Commission shall commence the election process to the local bodies immediately and shall complete the elections within three months from the date of finalisation of the reservation percentage.

It also made it clear that it is not inclined to accept some of the petitioners contention that the creamy layer among backward classes should be excluded.

As per the impugned G.O., 18.30 percent seats are reserved in favour of SCs, 8.25 percent for STs and 34 percent for BCs, thus making it total of 60.55 percent.

The state government had argued that the 34 percent quota for BCs was being followed since 1994 and even in 2006 and hence should be acceptable. But the bench refused to accept the contention “for the reason that in the state there is no empirical data and the reservation is based on unpublished data. Further, limit of reservation (at 50 percent), as ruled by the Supreme Court was not available in 2006.”

But the petitioners had alleged that the permissible limit is only 50 percent. They said that apart from this, 33.33 percent of offices at each level are reserved for women. Thus, in the end, only 26 percent is left for unreserved candidates, and all the categories can contest against from the unreserved seats.

While agreeing to the petitioner’s contention on this, the bench dismissed the writ petitions challenging the validity of amending Acts providing for appointment of Special Officers for local bodies.