VAI BALASUNDARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Ail these four writ petitions can be dealt with under a common judgment since the issue involved is one and the same. The prayer is identical in that mandamus is sought for in each of the writ petitions, forbearing the proposed elections to be held for the Panchayats and the Panchayat Union Councils on 23.2.1986 without providing for reservation for scheduled castes and scheduled tribes and women. The basis of the prayer is that Tamil Nadu Act No.24 of 1985 is bad in law in so far as it takes away the reservation for scheduled castes, scheduled tribes and women which reservations have been upheld by this Court earlier. However, in W.P.No. 481 of 1986 the prayer is the same except that the attack is against Tamil Nadu Act No.25 of 1985 relating to the Tamil Nadu District Municipalities Act.

(2.) Mr.V.P.Raman, learned Counsel for the petitioner in W.P.No.459 of 1986, who addressed the leading argument, urges that the statement of objects and reasons to the Rill clearly brings out the mind of the Legislature. The law relating to reservation of scheduled castes and scheduled tribes had been upheld by this Court.. No doubt, the matter was appealed against. But there was no stay granted by the Supreme Court. Therefore, there was no impediment whatever to hold the election in accordance with the law which was held to be valid by this Court. The executive wants to escape its liability to hold elections under that law by putting the blame on the Court as though stay has been granted by the Court. It is nothing but misleading the Legislature.

(3.) It is true that when the vires of an Act is questioned, the three questions which require to be considered are: (1) Whether it is opposed to any fundamental right guaranteed under Part III of the Constitution. (2) Whether it is opposed to any other right conferred under the Constitution. (3) Whether the Legislature is competent. But in this case, where the legislature has been purposely misled as to a particular state of things which is not really so, this Court can interfere, since this amounts even to a fraud on Legislature. The Government is taking umbrage under the so-called legal impediment is evident from the statement of objects and reasons attached to the Bill seeking amendment to the District Municipalities Act.