MANUBHAI RAGHABHAI GADHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) What is one of the basic features of the Indian Constitution is something which causes grin amongst some persons. Democracy is a basic feature of the Indian Cons titution and that is dependent' upon free, fair and timely ejections in the State. Democracy at the grassroot levels was sought to be provided with the Seventy- Third and Seventy-Fourth Amendments of the Constitution in the year; 1992. The fear and grin of the elections to the various offices at the grassroot level have led numerous petitions being filed in this Court, at different points of time by different parties, solely with a view to thwart the holding of such elections. The present petition is the latest in this line.

(2.) With these aforesaid observations, we proceed to consider the contentions sought to be raised by the petitioners in this case. Before doing so, it will be necessary to bear in mind that the Seventy-Third and Seventy-Fourth Amendments to the Constitution required, elections to the Panchayats and the Municipalities within a stipulated time-frame. In the beginning, it is in this State, where, on two occasions, Acts were passed by the legislature, which had the effect of postponing the elections. Now, when the elections are round the corner, when the earlier efforts to postpone having failed, and Rules have been framed, though belatedly, for the holding of the elections, the second round of litigation, which is now starting, is the challenge to the Rules. It is contended by the learned Counsel for the petitioners that important questions arise and this is the first time that such a challenge to the Rules, recently framed, has been made and, therefore, the Court should admit the petition and set it down for final hearing. The very fact that the challenge relates to elections at the grassroot, we have heard the counsel for the .petitioner at length and as we are unable to accept any of his contentions, it is not necessary to prolong the case any further by issuing a rule and hearing the petition after a few months.

(3.) The first contention which was raised was that Section 9(5)(a) of the Gujarat Panchayats Act, 1993 is ultra vires. The submission of the learned Counsel was that under this Act, pursuant to the direction given by Part.IX of the Constitution, there is reservation of seats not only for Scheduled -Castes and Scheduled Tribes, but also for Socially and Educationally Backward Classes (hereinafter referred to as "S. E. B. C"). It is submitted that, whereas the number of seats which had to be reserved for SC and ST is dependent upon relative population of SC and ST in a village, in case of S. E. B. C., however, the Act provides that the number of seats would be one-tenth of the total number of se'ats in a village Panchayat. The learned Counsel contends that the actual population of the villages may so vary that in some villages the number of S. E. B. C. may be less than 10%, whereas in the other, it may be far more. Therefore, it is contended, to provide for a uniform proportion of one- tenth of the seats in all the village Panchayats being reserved for S. E. B. C. is arbitrary.