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2019 Supreme(J&K) 226

DHIRAJ SINGH THAKUR
Dheeraj Kumar – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. K. S. Johal, Sr. Advocate with Mr. Karman Singh Johal, Advocate
For the Respondent:Mr. S. S. Ahmed, Advocate & Ms. Supriya Chouhan, Advocate

JUDGMENT :

1. Since in all the petitions, the issues are almost similar, therefore, they are clubbed together. I propose to deal with all the petitions by way of a common judgment.

2. In all these petitions, the petitioners question the process of reservation of Block Development Council Constituencies in various districts in the Jammu Division.

3. A mandamus is also sought declaring the proviso (1) and proviso (2) to sub-section 3 of Section 27 of the Jammu & Kashmir Panchayati Raj Act, 1989 (hereinafter referred to as “the Act”) as ultra vires the Constitution of India and provisions of the Act.

The legality of the powers vested in the Director Rural Development have also been questioned. Besides this, among others challenge is thrown to the vires of Schedule X of the Rules of 1996 framed under the Panchayati Raj Act of 1989.

Constitutional Provision

4. Article 243A to 243O were inserted in part IX of the Constitution of India pertaining to “the Panchayats” by way of 73rd Amendment Act, 1992 with effect from 01.06.1993. While Articl

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