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2005 Supreme(Ker) 103

K.S.RADHAKRISHNAN, M.N.KRISHNAN
Suresh – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Whether reservation of the office of the President of a Grama Panchayat exclusively to woman belonging to Scheduled Caste/Scheduled Tribe community under the second proviso to S.153(4)( d) of the Kerala Panchayat Raj Act is constitutionally valid, is the question that has come up for consideration in this case.

2. Appellants-petitioners, who are members of Vadavucode Puthencruz Grama Panchayat submit that reservation of the office of President of the Grama Panchayat exclusively to women belonging to Scheduled Caste/Scheduled Tribe community is opposed to Art.14 of the Constitution of India and also would override the provisions of Art.243D of the Constitution of India. Further they also maintain the stand that the second proviso to S.153(4)(d) is liable to be struck down as ultra vires the Constitution on the ground that such a reservation would amount to 100% reservation offending the principles of democracy.

3. Facts and Pleadings:

Appellants and fifth respondent are members of Vadavucode Puthencruz Grama Panchayat in Ernakulam District. First petitioner is now the elected Vice President of the said Panchayat. For the purpose of general election to





















































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