HC asks Centre,EC and DC to reply on delimitation by Sep 5

Ranchi, Aug 21 (UNI) Jharkhand High Court today directed the Centre, Election Commission and Delimitation Commission (DC) to file an affidavit by September five in connection with the notification of the Delimitation Act, 2002.

A division bench comprising Chief Justice Muthuswamy Karpagvinyagam and Justice Narendranath Tiwary passed the order while hearing a writ petition by veteran politician Salkhan Murmu.

Mr Delip Jerath appearing on behalf of the petitioner challenged Sections 4, 8 and 9 of the Delimitation Act 2002.

Under the said Section, delimitation of the constituencies was done on the basis of population percentage of Schedule Castes and Scheduled Tribes, he argued.

Mr Jerath contended that the Act was against Article 14 of Constitution and was contrary to the Fifth Schedule enacted to safeguard the interests of the tribals.

The tribals were being penalised imposing family planning on them as the percentage of tribal population steadily decreased.

In 1946-47 their population was 80 per cent but now they had decreased to 27 per cent of the total population, the court was informed.

Under these circumstances no reserved seat would be left for the tribals in next 20-25 years, Mr Zerath argued.

Assistant Solicitor General Mukhtar Khan appearing on behalf of Union government contended that Delimitation Act had ben constituted in the interests of the SCs and STs only.

According to Section 9(1) (d), the constituencies dominated by the SC and ST population would be reserved for them.

The Act, which had few amendments in 2003, was based on 2001 census.

UNI