A Scheduled Caste candidate having been elected from a general seat can be a Pradhan of a Gram Panchayat reserved for Scheduled Caste candidate.

( 1 ) THE point is whether a Scheduled caste candidate having been elected from general or unreserved seat of a Gram panchayat can be a Pradhan of such Gram panchayat reserved for Scheduled Caste candidate or not. Factually there are altogether three successful scheduled caste candidates. Out of the three candidates two won from the reserved seats when another won from unreserved or general seat.

( 2 ) MR. Utpal Majumdar, learned Counsel appearing for the petitioner contended that whenever a seat is reserved for Scheduled caste candidate there should be true reflection of representation of such community. A Scheduled Caste candidate having been represented from general seat cannot be the true representative of the Scheduled Caste community. Moreover, there was no scope of enquiry of the candidature of such Scheduled caste candidate when the nomination paper had been filed by him as a general candidate.

( 3 ) HE has drawn my attention to the situation of the grass-root level where according to him, everything is possible to achieve the goal. According to me, it is true that illiteracy in the grassroot level gives rise to muscle power not and intellectual power. Such power can manipulate or misuse the office. That apart, due to direct distribution of the fund under various governmental schemes to the Panchayats sometimes develop illegal money power. But neither I am law maker nor administrator but adjudicator. Therefore, I have no other alternative but to proceed on the basis of the given case with additional pain on the back of mind. When I go through the West Bengal panchayat Act. 1973 and the West Bengal panchayat (Constitution) Rules, 1975, I see that seats of Gram Panchayat Pradhan are being kept reserved by rotation and such rotation is to be followed for the entire period of five years tenure. Therefore, if one is elected as Pradhan he or she will remain in that post for five years tenure unless he or she is removed from the office or by the act of God unable to continue.

( 4 ) ARTICLE 334 of the Constitution of India is providing reservation of seats and special representation to cease after certain period. However, we cannot forget that the difference of caste, creed, religion, tribe etc. is deep rooted in our country in spite of modernization or globalization etc. Both simultaneously run and unfortunately we follow the both. True respect to the seniors, true sympathy for the have-not and true respect to Almighty are secondary things for the present days to be remembered. Therefore, unless the mentality is changed the achievers will get the goal but the commoners will die. The differences are illusory. There are two classes i. e. have and have-not. They may belong to any caste, creed, religion, and tribe. Crude reality say so. The other class i. e. middle class, creature of British rulers of the pre-independent period of the country is very matured but presently they are fighting for survival either being attached to have or have-not.

( 5 ) MAKING discussion as above is not academic but to give a reflection how far we can go for reservation ignoring the merit and rule of majority which is the very foundation of the democratic process. A Panchayat is an independent local Government. Much prior to the 73rd amendment of the Constitution by directive principles of State Policy in Article 40, the organisation of Village panchayats are declared as units of self-Government. After 73rd amendment Article 243 (d) describes Panchayat is an institution (by whatever name called) of self-Government constituted under Article 243-B, for the rural areas. Article 243-B speaks about constitution of Panchayats while Article 243-C speaks about composition of Panchayats. Therefore, why the post of a pradhan, being the head of such Panchayat and single post will not be declared reservation free? Why the Pradhans of different gram Panchayats will be treated as Class? can it be said that all the Chief Ministers of the differ