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 Article 243 pertains to the definitions, 243B envisages constitution of Panchayats in every State at the village, intermediate and district levels in accordance with the provisions of Part IX.

5. Article 243C envisage that the Legislature of the State may, by law, make provisions with respect to the composition of the Panchayats, provide that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.

Article 243C(2) envisages that all the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area. Article 243C(3) also envisages that the Legislature of a State may, by law, provide for representation of the Chairpersons of the Panchayat at the intermediate level in the Panchayats at the district level.

6. Article 243C(5) envisages that the Chairperson of a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by, law provide and a Panchayat at the intermediate level or district level, to be elected by, and from amongst, the elected members thereof.

7. Article 243D(1) pertains to reservation of seats in favour of the Scheduled Castes and Scheduled Tribes in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. Article 243D(2) further envisages not less than one-third of the total number of seats reserved under clause 243D(1) shall be reserved for women belonging to the Scheduled Castes or Scheduled Tribes, as the case may be.

8. Article 243D(4) envisages that the offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide and further that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion of the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State. It provides that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for w