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RAJESH SHANKAR
Ramnath Yadav – Appellant
Versus
Jharkhand State Election Commission – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
1. The present writ petition has been filed for quashing part of the list dated 25.09.2021 prepared by the respondent No. 2 whereby the post of Mukhia of Ghaghari Panchayat has been reserved for ‘Scheduled Castes’ (Woman) and this is the third consecutive term when the said Panchayat seat of Mukhia has been reserved for the candidate belonging to Scheduled Caste which is against the provisions of Section 21(A) of the Jharkhand Panchayat Raj Act, 2001 [hereinafter referred to as ‘the Act, 2001’] and Rule 9(c) of the Jharkhand Panchayat Election Rules, 2001 [hereinafter referred to as ‘the Rules 2001’]. Further prayer has been made for issuance of direction upon the respondents to consider the case of the petitioner for reservation of the seat/post of Mukhia of Ghaghari Panchayat for ‘Other Backward Classes’ (OBC).
2. Learned counsel for the petitioner submits that on 25.09.2021, the respondent No. 2 published the list of reserved constituencies for the post of Mukhia to be elected by way of forthcoming third Panchayat Election (General) whereby the constituency of Ghaghari Panchayat has been reserved for the Scheduled Caste (Woman) in a most arbitrary and
The reservation and allotment of seats for Panchayat Elections must be made in accordance with the provisions of the Jharkhand Panchayat Raj Act, 2001 and the Jharkhand Panchayat Election Rules, 2001....
The court emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only, and quashed the impugned gaze....
The main legal point established in the judgment is that reservation is with reference to the category/caste to which the person belongs and not the nature of the constituency from which they were el....
Allotment of seats to others-The Election Commission shall after having allotted seat reserved for the Schedule Castes, Schedule Tribes and socially and educationally backward classes under rules 4, ....
A constituency shall be reserved for backward classes only if the population of backward classes is greater than 5% of the total population in that particular constituency.
The main legal point established in the judgment is that the reservation for the post of Sarpanch was rightly determined by drawing lots from the members belonging to Scheduled Castes category and Ba....
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