The main legal point established in the judgment is that the reservation of seats and offices in Panchayat institutions is governed by the provisions under Article 243D of the Constitution and corresponding state legislation, and there is no legal foundation for providing reservation to dependents of freedom fighters.

JUDGMENT :

(Per : Dr. Yogendra Kumar Srivastava, J.)

1. Heard Sri Dwijendra Prasad, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel for the State respondents.

2. The present writ petition has been filed praying for the following reliefs:-

"(i) Issue a writ, order or direction in nature of mandamus to direct the respondent no. 2 to provide the reservation for dependent of freedom fighter in election of Zila Panchayat election area Gangiri First in District Aligarh Uttar Pradesh.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the representation of the petitioner regarding the reservation for dependent of freedom fighter in election of Zila Panchayat election area Gangiri First in District Aligarh Uttar Pradesh.

(iii) Pass such other and further order which this Hon'ble Court deem fit and proper under the facts and circumstances of the case.

(iv) Award the cost of the petition in favour of the petitioner."

3. The petitioner, claiming himself to be a dependent of freedom fighter, has sought to raise a grievance with regard to his claim for reservation in the elections to the Zila Panchayat from the territorial constituency Gangiri (First), District Aligarh. He claims to have filed a representation in this regard to the District Election Officer/District Magistrate Aligarh, a copy whereof has been annexed as Annexure no. 5 to the writ petition, wherein a claim has been made for grant of reservation to the dependents of freedom fighters, in the Zila Panchayat elections to be held for the territorial constituency Gangiri (First) and also the Gram Panchayat elections to be held for the territorial constituency Village Dadon, Block Bijauli, Tehsil Atrauli. To support his claim, the petitioner has placed reliance upon a chart showing the position of reservation of the Gram Panchayat Dadon during the previous elections which is as under :-

vyhx<+ ftys ds fodkl [k.M fctkSyh ds xzke iapk;r nkanksa ds iz/kku in dk vkj{k.kA

4. The petitioner submits that while reservations have been granted in favour of the other classes, the respondent authorities are acting in an arbitrary manner in not providing reservation for dependents of freedom fighters in respect of the territorial constituency in question.

5. In order to appreciate the controversy the relevant provisions under law may be referred to.

6. Learned counsel for the petitioner, however, has not been able to point out any specific statutory provision in terms of which the claim, with regard to grant of reservation to dependents of freedom fighters in elections to Zila Panchayats and Gram Panchayats, may be made.

7. The subject matter of Panchayats is dealt with under Part IX of the Constitution. Part IX containing Articles 243, 243A to 243O and a new schedule i.e. Eleventh Schedule were inserted by the Constitution (Seventy-third Amendment Act), 1992 with effect from 24.4.1993. The object of the amendment of the Constitution and the insertion of Part IX was to strengthen the Panchayat system by giving it a constitutional base, so as to ensure that Panchayats become vibrant units of administration in rural areas by establishing strong, effective and democratic local administration for rapid implementation of rural development programmes. In terms of the provision contained under Part-IX, a uniform three-tier system of Panchayats i.e. at village, intermediate and district level has been created throughout the country.

8. The terms "district", "intermediate level" and "village", are defined under Articl