JITENDRA RAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in these writ petitions is to the constitutional validity of the provision i.e. "provided that the term of consecutive two general elections of Gram Panchayat shall constitute one rotation", contained in Sections 13(4)(ii), 13(6), 17(4), 23 (3) (ii), 23 (5), 25 (2) (b), 30 (3) (ii), 30 (5) and Section 32 (2) (i) (b) of Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in short "the Act of 1993"), inserted vide the Chhattisgarh Panchayat Raj (Amendment) Act, 2008 (No. 13 of 2008), which came into force w.e.f. 23rd May, 2008. The Act of 1993 was enacted to consolidate and amend the law relating to establishment of Panchayats with a view to ensure effective involvement of the Panchayati Raj Institutions in the local administration and development activities. Section 13 deals with constitution of Gram Panchayat, whereas Section 17 deals with election of Sarpanch and Up-Sarpanch and Section 23 provides for division of block into constituencies, and Section 25 deals with election of President and Vice-President of Janpad Panchayat. Section 30 deals with division of District into constituencies and Section 32 deals with election of President and Vice-President of Zila Panchayat. Under the aforesaid sections, the provisions have also been made for reservation for Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) in the Panchayat by rotation to different constituencies by the Collector in the prescribed manner. By the impugned amendment it has been provided that the term of consecutive two general elections of Panchayat shall constitute one rotation.

(2.) The petitioners have challenged the above provision on the ground that the Legislature is empowered to make provision for reservation of seats in Panchayats or offices of the Chairpersons in the Panchayats at any level, however, the Constitution does not authorize the Legislature of the State to extend the term of rotation or reservation from five years (one term) to ten years (two terms). Thus, the provision is ultra vires the provisions of Article 243D of the Constitution of India, which empowers the State Legislature to provide for reservation for SC, ST and OBC. However, the reserved seats are to be allotted by rotation to different constituencies in the Panchayat. Article 243K (4) only empowers the State Legislature to make provisions with respect to all matters relating to, or in connection with, election to the Panchayats. However, the Legislature cannot increase or reduce the reservation in Panchayats or the term of rotation of reservation in Panchayats, and therefore, increasing the rotation of term for reservation of two consecutive general elections is ultra vires and unconstitutional.

(3.) Shri Sumesh Bajaj, learned Govt. Advocate appearing on behalf of the State, would argue that the Parliament vide 73rd Amendment in the Constitution conferred constitutional status to the local government, including Gram Panchayat, Janpad Panchayat and Zila Panchayat with the sole purpose that the State Legislature cannot do away with these democratic bodies in their respective States and they function for their normal tenure, and Panchayats are constituted regularly by conducting elections without any delay. The State, in exercise of its powers conferred by Chapter-IX of the Constitution as also by Entry 5 of List II of Schedule VII, has enacted the Panchayat Raj Adhiniyam, and as such, was competent to enact the impugned law and effect suitable amendments in its wisdom.