SC notice on plea against reservation in Panchayat elections

New Delhi, Sep 20 (UNI) The Supreme Court has issued notices to the state of Bihar and the state Election Commission on a petition challenging the provision of reservation in Panchayat elections in the state.

A bench comprising Justices K G Balakrishnan and D K Jain on Friday decided to examine the validity of the impugned provisions after hearing the counsel for the petitioner who contended that the impugned law was in violation of the apex court judgment in Mandal Commission case where this court fixed the upper limit for reservation at 50 per cent.

The petition filed by Saran Zila Mukhiya Sangh and another had pleaded that the post of Panchayat Mukhiya being a solitary post can not be reserved and moreover Articles 15 and 16 of the Constitution do not provide for any reservation at the grassroot level.

The petitioners have challenged the amendment in Bihar Panchayat Raj Act, 2006 notified on April 8, 2006 which makes reservation in excess of 50 per cent and also the reservation of the solitary post of Panchayat Mukhiya for members of SC/STs.

The petitioners have prayed to the court to set aside the impugned Patna high court judgment dated May 19, 2006 upholding the impugned amendments in the Bihar Panchayat Raj Act.

UNI AKS/SC RP PM1858