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1998 Supreme(Ori) 27

SUSANTA CHATTERJI, B.K.DASH
BIBHUTI KESHARI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Rangadhar Behera, S.A.NAYIM, S.K.SWAIN

R. K. DASH, J.

( 1 ) THE petitioner in the present application filed under Arts. 126 and 127 of the Constitution of India has challenged the action of the State and its functionaries reserving three constituencies for women belonging to backward class of citizens in Narsinghpur Panchayat Samiti and consequently has prayed to quash the final list of the constituencies, Annexure 3.

( 2 ) TO put shortly, the case of the petitioner is that there are in total 26 Constituencies in Narasinghpur Panchayat Samiti and of them 6 are reserved for scheduled castes (4 male and 2 women), 1 for scheduled tribe (male), 7 for backward class citizens (5 male and 2 women) and 12 for general candidates (7 male and 5 women ). Preliminary publication of the list of the constituencies as aforesaid was made which is in accordance with the provisions of the Orissa Panchayat Samiti (Amendment) Act, 1995 (for short, 'the Act' ). Subsequently the Collector, Cuttack-opposite party no. 2 published a revised and final list of the constituencies wherein it was indicated that Alara Gram Panchayat has been reserved for women belonging to backward class citizens. In the said revised list, so far as backward citizen





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