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 the local bodies, the Kerala State Election Commission issued notification reserving the office of the Panchayat to Scheduled Caste/Scheduled Tribe and women by notification dated 28.7.2000 published in the Gazette of the same day. Notification states that the office of the Panchayat is reserved to woman belonging to Scheduled Caste/Scheduled Tribe Community. Vice President of the Grama Panchayat, the only one elected in the category of women belongs to Scheduled Caste Community, is the fifth respondent. Hence after the election she was elected as President of the Panchayat. While she was holding that office, there were serious allegations of dereliction of duties and confidence motion was moved against the fifth respondent, which was carried. This fact was reported to the State Election Commission. The fifth respondent had therefore vacated the office of the President on 6.10.2003 and the first petitioner is acting in his capacity as the Vice President. First petitioner who is duly elected as Vice President of the Grama Panchayat maintained the stand that he may be allowed to function as President. Respondents 1 and 2 are not taking any steps to conduct election to the office of President on the ground that the office is reserved for woman belonging to Scheduled Caste/Scheduled Tribe Community. Fifth respondent is the sole elected woman from the Scheduled Caste/Scheduled Tribe Community. Appellants therefore approached this Court seeking a direction to respondents 1 and 2 to conduct election to the office of President of the Grama Panchayat by reserving the post to the members of Scheduled Caste in general and not to woman belonging to Scheduled Caste Community. They have also sought a declaration that second proviso to S.153(4)(d) of the Kerala Panchayat Raj Act is unconstitutional.

4. Legal contentions:

Counsel appearing for the appellants Sri. Elvin Peter submitted that reservation of the office of the President of the Grama Panchayat to woman belonging to Scheduled Caste/Scheduled Tribe Community under the second proviso to S.153(4)(d) of the Act 1994 is unconstitutional and violative of Art.14 of the Constitution of India. Contention was also raised that the second proviso to S.153(4)(d) of the Kerala Panchayat Raj Act would have the effect of overriding the provisions contained in Art.243D of the Constitution. Counsel also submitted that S.153(4)(d) of the Kerala Panchayat Raj Act is ultra vires the Constitution on the ground that such reservation would amount to 100% reservation and is undemocratic.

5. Counsel appearing for the fifth respondent Sri. M.C. Nambiar submitted that reservation of the office of President to women belonging to Scheduled Caste/Scheduled Tribe Community under the second proviso to S.153(4)(d) is perfectly valid and is in