HC reserves order on extending reservation to 4 panchayats

Madurai, Oct 13 (UNI) The Madurai Bench of Madras High Court has reserved orders on the Public Interest Litigations, challenging extension of reservation to the four village panchayats in the region, which earned notoriety and opprobrium for remaining headless for over a decade.

A Division Bench comprising Justice P K Misra and Justice G Rajasuria, made it clear that any action taken with regard to the four panchayats Pappapatti, Keeripatti and Nattarmangalam in the backward Usilampatti taluk of the district and Kottakachiyendal in adjoining Virudhunagar district would be subjected to the ruling of the Court.

The case pertained to the government keeping the panchayats under the reserved list on the ground that no Dalit had functioned as Panchayat President in any of these panchayats, since either elections could not be held due to poll boycott or the elected candidate immediately resigned, after assuming office.

Challenging the validity of the GO, issued on September one, two PILs contended that the government was bound to rotate the reservation among different panchayats in compliance with article 243 D of the Constitution and Sec 57 of the Tamil Nadu Panchayats Act, 1994.

Advocate General R Viduthalai charged the caste Hindus, with preventing the Dalits, employed by them, from presiding over these panchayats.

When these panchayats were yet to start their run in the relay race, where was the question of handing over the baton to the other runner, he asked.

Intervening, the Judges sought to know how the government could extend reservation without Constitutional backing or an amendment to the 1994 Act. It could be done through an amendment to the Act, the bench observed.

Arguing for quashing the GO, one of the counsel for the petitioners submitted that the state should not lay the blame on the caste Hindus, who were also part of the society. If some people were prevented, the state could had provided them security, he noted and asked whether it was possible for 600 and odd people of a panchayat to thwart the state from holding elections.

UNI CR SHB HT1930