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2003 Supreme(SC) 1576

M.B.SHAH, ARUN KUMAR
P. Manjula – Appellant
Versus
State of Andhra Pradesh – Respondent


ORDER :

M.B. Shah, J. - Leave granted.

2. Heard learned counsel for the parties.

3. The respondents filed Writ Petition No. 19800 of 2001 before the High Court of Andhra Pradesh for declaration that the reservation to the post of President of Mandal Parishad, Singareni in favour of Backward Class women was illegal being contrary to Andhra Pradesh Panchayat Raj Act 7 of 1988 and Articles 243-D and 243-M of the Constitution of India and consequently, to declare the election of the appellant as illegal. The original petitioners belonged to Scheduled Tribe category and are residents of village under Singareni Mandal which has got thirteen territorial constituencies. According to them, the entire Singareni Mandal, except Singareni Village falls in the scheduled area. In the petition, it was contended that the post of President of Mandal Parishad ought to have been reserved in favour of the Scheduled Tribes and not in favour of any other class.

4. Admittedly, the respondents have not challenged the validity of the State legislation or Rules framed thereunder.

5. Despite this, the High Court arrived at the conclusion that in view of the provisions contained in Section 4(g) of the Act, reservat

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