HC says no to quota for SC, ST in rural posts
Chennai, Jan 4: The Madras High Court today dismissed a batch of PILs seeking proportionate quota to members belonging to SC and ST community in local bodies in the state saying that there was no mention in the constitution about providing reservation in rural posts like vice-president and vice-chairman.
The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar dismissed the petitions, one of which was filed by Viduthalai Chiruthaigal Katchi Chief Thol Thirumavalavan, seeking to provide proportionate reservation for members of the Scheduled Caste and Scheduled Tribe in various posts in town panchayats, municipal councils, village panchayats, panchayat unions and district panchayats.
The bench concurred with the submission of Advocate General that while the President and Chairman are elected directly by the people, the Vice-President and Vice-Chairman are elected indirectly from among the elected members, councillors and there is already reservation provided for the councillors and elected members.
"We find this argument on behalf of the State to be very logical as providing reservation for Vice Presidents and Vice Chairman also will not only shrink the choice of the electorate (members/councilors) but will also result in a double and successive reservation for the same office which will lead to asymmetry," it said.
"Therefore, in this view of the matter, we have no hesitation in holding that providing reservation for Vice Presidents and Vice Chairmen when reservation has already been provided (proportionate to the SC, ST Population) for the electorate which elects them (members/councillors) would lead to a huge asymmetry which is impermissible," it added.
The bench further said "There is no shred of discussion about providing reservation for offices of vice-presidents and vice-chairmen in local bodies, in the Constitution." "It makes it indisputably clear that the legislative intent and legislative, Parliamentary wisdom is not in favour of providing reservation to the offices in local bodies," the court said.