THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.31540 OF 2025

ORDER

In this Writ Petition, the petitioner is seeking a declaration that the action of the respondent authorities in finalizing the reservation to the seats of offices of Sarpanch and Ward Members of Chinthagudem Gram Panchayat of Kannaigudem Mandal, Mulugu District and in allocating the office of Sarpanch and more than 50 percent of ward member seats to non-scheduled tribes, vide District Gazette dated 27.09.2025, as illegal and against the Provisions of the Panchayats (Extension of the Scheduled Areas) Act, 1996 (for short ‘PESA Act’) and to issue consequential direction to the respondents to follow the provisions of PESA Act and Telangana Panchayat Raj Act, 2018 while making reservations.

2. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj appearing for respondents No.1, 2 & 6, learned Government Pleader for Social Welfare appearing for respondents No.3 & 7, Mr.Sudheer Rao, learned Standing counsel for State Election Commission appearing for respondents No.4 and 5 and Mr.K.Pradeep Reddy, learned Standing counsel for Gram Panchayat appearing for respondents No.8 & 9.

3. Learned counsel for the petitioners while reiterating the submissions made in the writ affidavit has drawn the attention of this Court to the Gazette notification of the Government of India dated 07.12.1950 wherein Chintagudem Village, Kannaigudem Mandal is mentioned as Scheduled Area. He has also drawn the attention of this Court to Section 17(3) of Telangana Pachayat Raj Act, (for short ‘the Act’) and proviso thereunder to demonstrate that all villages located in Scheduled Areas or where STs constitute 100% of the population shall be reserved for the Scheduled Tribes only. He has also drawn the attention of this Court to Section 255 of the Act and the 2^nd proviso thereunder to demonstrate that the aforesaid proviso is reiterated. He has also drawn the attention of this Court to PESA Act and the Government of India notification wherein under Section 4(g) and the 2^nd proviso thereunder to demonstrate that the reservation of seats in the Scheduled Areas at every Panchayat shall be in proportion to the population of the communities in that Panchayat for whom reservation is sought to be given under Part IX of the Constitution and 2^nd proviso provides that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats and all the seats of chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes. Therefore, according to him, since Chintadugdem Gram Panchayat is Scheduled Area, all the seats of offices of Sarpanch and Ward Members have to be reserved for Scheduled Tribes only, whereas, the respondents herein have issued notification dated 27.09.2025 reserving the seat of Sarpanch and also more than 50% of the seats of ward members to other than Scheduled Tribes. Therefore, he is seeking a direction to the respondents to follow the law while reserving the seats.

4. Learned Government Pleader for Panchayat Raj has obtained written instructions, according to which in G.O.Ms.No.10/2025, dt.27.09.2025, reservations have been made and the same is under consideration before the Division Bench of this Court and the Division Bench has stayed the said G.O. It is further stated that Mulugu District Gazette dt.27.09.2025 was issued with reference to the instructions issued in G.O.Ms.No.42, dt.26.09.2025. It is further stated that there is alternative remedy available to the petitioners and therefore, the present writ petition is not maintainable.

5. Having regard to the rival contentions and material on record, this Court finds that Section 17 of the Panchayat Raj Act provided for reservation of posts to offices of Sarpanch under the proviso (2) thereunder provides that all the posts of Sarpanch, Chair persons and Ward members shall be reserved for Scheduled Tribes in Scheduled Area. Section 255(2) of