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2020 Supreme(Jhk) 666
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Kanchan Mala Tirkey, wife of Md. Asir Alam @ Asir Sheikh - Petitioner
Versus
The Union of India, through the Chief Election Commissioner of India & Ors. - Respondent
W.P.(C) No.5303 of 2015
Decided On : 14-01-2020
For the Petitioner:Mr. Abdul Wahab, Advocate
For the Respondents: Ms. Sweta Kumari, AC to GP-IV
Headnote:
Panchayats (Extension to the Scheduled Areas) Act, 1996 - Section 4(g) – Election - Schedule Tribe – Reservation seat - Counsel for petitioner submits that petitioner is permanent resident residing within village Panchayat Madhya Narayanpur in the District of Sahibganj belongs to the Scheduled Tribe and Madhya Narayanpur Panchayat to be reserved for Scheduled Tribe under the provision as petitioner belongs to S.T. community as per the provision contained under section 4(g) of Act, 1996 by which post of Chairman at all level of Panchayat be reserved for Scheduled Tribe in scheduled area and the said Madhya Narayanpur panchayat has been kept in general category though petitioner being a scheduled tribe is residing within the said Panchayat and therefore said Panchayat be reserved for scheduled tribe - Held, Petitioner claims to be only scheduled tribe community resident. Accordingly, she needs to file a representation on the basis of documents in proof of her residence, caste and voter-list before Chief Electoral Officer of State of Jharkhand to declare Panchayat Madhya Narayanpur in District of Sahibganj as reserved for scheduled tribe for Panchayat Election according to the provisions as contained in section 4(g) of Act, 1996 - Only on recommendation of Chief Electoral Officer of the State of Jharkhand, State Government can act upon with regard to prayer of the petitioner - In that view of the matter, petitioner is directed to make representation before the Chief Electoral Officer of the State of Jharkhand to this effect who will decide the claim of petitioner in accordance with law within a period of 8 weeks from the date of receipt/ production of a copy of this order - Instant petition disposed of.
JUDGMENT :
Heard Mr. Abdul Wahab, the learned counsel for the petitioner and Ms. Sweta Kumari, the learned AC to GP-IV appearing for the respondent-State.
2. The petitioner has preferred this writ petition for a direction to declare Madhya Narayanpur Panchayat of District Sahibganj as reserved seat for Schedule Tribe as per the provisions contained under section 4(g) of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act, 1996).
3. The learned counsel appearing for the petitioner submits that the petitioner is permanent resident residing within the village Panchayat Madhya Narayanpur in the District of Sahibganj belongs to the Scheduled Tribe and Madhya Narayanpur Panchayat to be reserved for Scheduled Tribe under the provision as the petitioner belongs to S.T. community as per the provision contained under section 4(g) of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act, 1996) by which the post of Chairman at all level of Panchayat be reserved for Scheduled Tribe in scheduled area and the said Madhya Narayanpur panchayat has been kept in general category though the petitioner being a scheduled tribe is residing within the said Panchayat and therefore the said Panchayat be reserved for scheduled tribe. It transpires from the counter-affidavit filed on behalf of the respondent-State that admittedly Panchayat Madhya Narayanpur in the District of Sahibganj has been kept for general category being the area full of minority community of muslim religion as reported by the Chief Electoral Office of the State of Jharkhand. The petitioner claims to be the only scheduled tribe community resident. Accordingly, she needs to file a representation on the basis of documents in proof of her residence, caste and voter-list before the Chief Electoral Officer of the State of Jharkhand to declare Panchayat Madhya Narayanpur in the District of Sahibganj as reserved for scheduled tribe for Panchayat Election according to the provisions as contained in section 4(g) of the Panchayats (Extension to the Scheduled Areas) Act, 1996. Only on the recommendation of the Chief Electoral Officer of the State of Jharkhand, the State Government can act upon with regard to the prayer of the petitioner.
4. In that view of the matter, the petitioner is directed to make representation before the Chief Electoral Officer of the State of Jharkhand to this effect who will decide the claim of the petitioner in accordance with law within a period of 8 weeks from the date of receipt/ production of a copy of this order.
5. With the above observation and direction, the instant petition being W.P.(C) No.5303 of 2015 stands disposed of.
