THE GOVERNMENT HAS THE POWER TO ISSUE NOTIFICATION DECLARING ONE WARD TO BE RESERVED FOR BACKWARD CLASSES WITHOUT DETERMINING THAT THEIR POPULATION IS 2% OR MORE OF THE TOTAL POPULATION OF A SABHA AREA.

V.K. Jhanji, J. - Petitioners who are residents of village Surakhpur, Tehsil Kosli, district Rewari, are seeking a writ in the nature of mandamus directing the respondents to delete the names of Sagar Mal and others i.e. respondents No. 6 to 12 from the electoral rolls of village Surakhpura. However, in the prayer clause, the prayer made is that the declaration whereby Ward No. 2 has been reserved as Backward Class ward, be struck down.

2. In order to provide for the constitution of Gram Panchayats, Panchayat Samitis and Zila Parishads for better administration of rural areas and for matters connected therewith or incidental thereto, the State of Haryana enacted. The Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Act) and the Haryana Panchayati Raj Election Rules, 1994 (for short the Rules) which came into force with effect from 22.4.1994 and 24.8.1994 respectively. Government of Haryana vide notification dated 25.8.1994 ordered that the Gram Panchayat in District Rewari shall consist of such number of Panches as mentioned against each in columns 5 to 10 of the Schedule given in the notification. As per notification, Gram Panchayat of village Surakhpur was to consist of eight Panches, out of which six were to be from general category i.e. three male and three female and one seat each was fixed for Scheduled Caste and Backward Class candidates. In pursuance of this notification, the S.D.O. (Civil) proceeded to demarcate the Wards and after determining the maximum population of persons belonging to Backward Class, Ward No. 2 was declared reserved seat for Backward Class.

3. Petitioners filed objection/appeal before the S.D.O. (Civil) on the ground that Ward No. 2 of village Surakhpur has been declared as reserved seat for Backward Classes even though under law it could be so declared only if their population was 2 per cent or more of the total population in the Sabha area. According to the petitioners, in the village wrong figures were got prepared at the time of ward declaration. They have alleged that the total population of backward classes in the village having population of 1500, is only 19. They thus submitted before the S.D.O. (Civil) that Ward No. 2 has been reserved for Backward Classes only in order to deprive the general category voters to elect their representative. The S.D.O. (Civil) vide order dated 22.9.1994 dismissed the objections by stating that the application filed by the petitioners calls into question the validity of electoral rolls duly published by the Election Office of the Haryana Government which cannot be called into question at this stage. The S.D.O. (Civil) was also of the view that for reservation of Backward Class Ward, minimum population prescribed was 2 per cent of the total population and out of the total population of 1436 in village Surakhpur, 30 persons belong to Backward Class which form more than 2 per cent of the total population of the village.

4. Mr. U.D. Gour, learned counsel for the petitioner has contented that according to the survey got conducted by the S.D.O. (Civil), the total population of Backward Classes was found to be only 19 out of total population of 1436. He thus contended that if an opportunity have been given to the petitioners, the petitioners, they would have satisfied the S.D.O. (Civil) that Ward No. 2 could not be reserved for Backward Classes. He also contended that the Government has no jurisdiction to issue notification declaring one ward to be reserved for backward classes without determining that their population is 2 per cent or more of the total population of a Sabha area.

5. In answer to these submissions, the learned counsel for the State submitted that after the notification was issued, the only role ascribed to the S.D.O. (Civil) is to demarcate the Wards and to determine the reserved seats for women and members of Scheduled Caste or Backward Class.

6. Having heard the learned counsel for the parties, I am of the view that there is