N.PANNERSELVAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The above writ petition has been filed by the petitioner as a Public Interest Litigation to issue a writ of Mandamus to forbear the respondents from conducting the local body elections in respect of 420 Village Panchayats at Madurai District for the year 2019 on the basis of the Election Notification published on 26.09.2016 without reserving a seat for Mannadimangalam Village Panchayat which comprises of 1% Scheduled Tribe population out of the total population in the Village Panchayat and contrary to Article 243-D of the Constitution of India and Rule 57 of the Tamil Nadu Panchayat Act, 1994 on the basis of the representations dated 25.11.2019 and 30.11.2019.

(2.) According to the petitioner, Mannadimangalam Village forms part of Vadipatti Taluk, Madurai District, wherein as per 1981 Census in respect of the total population and population of Scheduled Castes and Scheduled Tribes in Panchayats and Panchayat Union, Mannadimangalam Village comprised in Vadipatti Taluk, consisted of 630 Scheduled Tribes out of the total population of 6271. Similarly, as per 1991 Census, in respect of the total population and population of Scheduled Castes and Scheduled Tribes in Panchayats and Panchayat Union, Mannadimangalam Village comprised in Vadipatti Taluk, consisted of 918 Scheduled Tribes out of the total population of 7212. In 2011 Census, the total population was 7259 and out of the total population, the number of Scheduled Tribes was 840 which is above 1%. In fact, it was 11.5%. Out of 13 Village Panchayat Unions and 420 Village Panchayats, according to the petitioner, the second respondent ought to have reserved 4 Village Panchayats for Scheduled Tribes, whereas only 2 Village Panchayats have been reserved for Scheduled Tribes, i.e., Thuvariman Village Panchayat at Thiruparankundram Panchayat Union and Kottaimedu Village Panchayat at Alanganallur Panchayat Union. Further, the petitioner contended that both Thuvariman Village Panchayat and Kottaimedu Village Panchayat have less number of Scheduled Tribes in population compared to Mannadimangalam Village Panchayat. Therefore, the petitioner contended that Mannadimangalam Village Panchayat should be reserved for Scheduled Tribes.

(3.) Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents 1, 3 and 4 submitted that in Madurai District, Kottaimedu Village Panchayat is having 40.31546% of Scheduled Tribes population out of the total population of 3170. Similarly, Thuvariman Village Panchayat is having 27.52922% of Scheduled Tribes population out of the total population of 4962; whereas Mannadimangalam Village Panchayat has only 11.57184% of Scheduled Tribes population out of the total population of 7259.