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2006 Supreme(Pat) 242

BARIN GHOSH
Sanjay Kumar Verma – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In terms of the previous direction of this court the State Election Commissioner appeared in court and explained to the satisfaction of the court the manner he has acted.

2. The learned Advocate General, appearing on behalf of the State, submitted that although Article 243D of the Constitution directs reservation to be made for schedule caste and schedule tribe candidates but there is no such mandate in so far as backward class candidates are concerned. He has drawn my attention to sub-Article (6) of Article 243D of the Constitution where it has been provided that Article 243D shall not prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class citizens.

The learned Advocate General submitted that the State Government, by way of an Ordinance, has decided to make reservation in favour of backward class candidates and, accordingly, has provided for the same in section 13 of the Bihar Panchayat Raj Ordinance, 2006. Section 13 of the said Ordinance directs that the reservation in respect of backward classes shall be made in the manner as prescribe




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