Prashant Chauhan vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 333

VIPIN SANGHI, R. C. KHULBE
Prashant Chauhan – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Arvind Vashishtha, assisted by Mr. Kaushal Pandey, Mr. Gaurav Singh, Mr. Prem Kaushal, Mr. Amar Murti Shukla, adv
For the Respondent: Mr. Pradeep Joshi, Mr. Anil Kumar Bisht, Mr. Sanjay Bhatt

JUDGMENT :

Sri Vipin Sanghi, J.

In all these writ petitions, there is firstly a challenge to the order dated 18.11.2021 issued by the Government of Uttarakhand, Department of Panchayat on the subject of reservation and allocation of seats in Gram Panchayats, Kshettra Panchayats and District Panchayat of District Haridwar for the 3-Tier Panchayati elections.

2. The petitioners have further assailed, in their respective petitions, the subsequent similar orders, all dated 13.07.2022, whereby actual allocation of the seats in the Gram/ Kshettra/ District Panchayat have been made for the reserved categories in terms of the earlier order dated 18.11.2021.

3. Part-IX of the Constitution, containing Articles 243, 243A to 243-O were inserted into the Constitution by a Constitution (Seventy-third Amendment) Act, 1992 w.e.f. 24.04.1993. This part deals with the subject of Panchayats. Article 243B states that there shall be constituted in every State, Panchayats at the village, intermediate, and district levels in accordance with the provisions of Part IX. Article 243C lays down the composition of the Panchayats. All the seats in the Panchayat shall be filled by direct election from territorial co