HC admits petition challenging provisions of TN Panchayat Act

Chennai, Sep 25 (UNI) Madras High Court today admitted the petitions challenging certain provisions of the Constitution and the Tamil Nadu Panchayat Act, which provide for reservation for Schedule Castes in Local Body Elections.

Ms Justice Prabha Sridevan, also ordered notice, returnable by two weeks to the Tamil Nadu Government on a petitions filed by M Ganesan of Koneripalayam Village and S Gunasekaran of Othiam Village in Perambalur District.

The petitioners contended that in their panchayats there were only 30 per cent of voters belonging to SC. But these panchayats were declared as reserved only to prevent the remaining 70 per cent voters from contesting the polls.

As per the Tamil Nadu District Municipalities Act, before reserving any ward or area for SC, the proposal should be published to the public and only after hearing their views and objections, the same can be decided by the Government.

But this principle was not followed in respect of these two panchayats. They were declared as reserved suddenly, the petitioners added.

They said Article 243-D of the Constitution provides for reservation of seats in the panchayat at all levels. Section 11, 20 and 32 of Tamil Nadu Panchayat Act specifically provides that there shall be reservation in the post of ward member, Panchayat President and Council Chairman in favour of SC. The Tamil Nadu Panchayats (Reservation of seats and rotation of reserved seats) rules provides that the reservation of seats shall be rotated after the results of the census was published.

In India, the census was taken only in every ten years. Thus, a person who was a voter in any area and in case his ward or panchayat was reserved for the SC, he cannot dream of contesting for the said post for the next ten years, the petitioners added.

They contended that in Tamil Nadu the population of SC was around 18 per cent and in most of the places the strength of SC people were marginal. So without providing any option to the people belonging to other communities to contest for the post of President in the village and by reserving it for SC, the State Act provides exclusive reservation and complete denial of an opportunity to the majority of the population.

Reserving the panchayat for SC would deprive the predominant community in that area from participating in the election process and thereby prevent them from participating in the democratic process, they added.

They prayed to declare the provisions of Article 243-D of the Constitution and section 11, 20 and 32 of Tamil Nadu Panchayat Act as unconstitutional and violative of the basic structure of the Constitution.

UNI XR AJ VA BD1931