M.SEKKAPPA CHETTIAR Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) The above writ petition has been filed by the petitioner as a Public Interest Litigation to issue a writ of Mandamus directing the respondents herein to re-notify Ward.No.8, Kulipirai Village, Thirumayam Panchayat Union, Pudukkottai District as General Ward before the forthcoming local body elections scheduled to be held on 27.12.2019 and 30.12.2019 by considering the representation dated 01.12.2019 given by petitioner and others on behalf of voters of Ward No.8, Kulipirai Village, Thirumayam Panchayat Union, Pudukkottai District within a time frame.

(2.) It is the case of the petitioner that Kulipirai Village Panchayat (Ward No.8) should be re-notified as General Ward before the forthcoming local body elections. Kulipirai Village Panchayat has been reserved for Scheduled Caste community in the forthcoming elections. The petitioner contended that Kulipirai Village Panchayat has got very less number of Scheduled Caste community people and therefore, it should be declared as a General Ward.

(3.) Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents 2 to 5 produced a copy of the letter sent by the Block Development Officer, Thirumayam Panchayat Union, vide Na.Ka.A2/3816/2019, dated 04.12.2019, wherein it has been stated that in respect of Ward No.3, out of the total population of 654, 98.78% of people belong to Scheduled Caste community and in respect of Ward No.8, i.e., Kulipirai Village Panchayat, out of the total population of 319, 2.51% of people belong to Scheduled Caste community and in respect of Ward No.5, only 1.54% of people belong to Scheduled Caste community and in respect of Ward No.2, only 0.86% of people belong to Scheduled Caste community. Therefore, while reserving 2 Village Panchayats for the Scheduled Castes, the respondents reserved Ward Nos.3 and 8 for the Scheduled Castes.