LAWS(ALL)-2021-3-65

AJAY KUMAR Vs. STATE OF U. P.

Decided On March 15, 2021
AJAY KUMAR Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Mr. Mohd. Altaf Mansoor, learned counsel for petitioner as well as learned Advocate General assisted by Mr. H.P. Srivastava, learned Additional Chief Standing Counsel on behalf of opposite parties no. 1 and 2 and Mr. Anurag Singh, learned counsel for opposite party no.3.

(2.) In this Public Interest Litigation, the petitioner has come before this Court seeking following reliefs:

(3.) Learned counsel for petitioner submits that provisions for reservations in the aforesaid elections are to be determined as per the Uttar Pradesh Panchayat Raj (Reservation and Allotment of Seats and Offices) Rules, 1994 [hereinafter referred to as Rules of 1994] with Rule 4 providing allotment of seats for reservation on rotational basis. It has been submitted that pursuant to amendment in Article 243D of Constitution of India, the aforesaid Rules were notified and for the purposes of allotment of seats as per reservation under Rule 4 of Rules of 1994, the base year was taken as 1995. It is submitted that subsequent elections in 1995, 2000, 2005 and 2010 were held in accordance with the aforesaid Rules of 1994.