SURESH JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Manish Kumar Pandey, learned counsel appearing for the petitioner, Shri Neeraj Tripathi learned Addl. Advocate General assisted by Shri Shashank Shekhar Singh learned Addl. Chief Standing Counsel and Shri Tarun Agarwal learned counsel appearing for the State Election Commission.

(2.) This Larger Bench has been constituted under the orders of Hon'ble the Chief Justice on a reference made by the Division Bench vide judgment and order dated 29.09.2015.

(3.) For the elections of Panchayats, namely Gram Panchayat, Kshetra Panchayat, Zila Panchayat, State of U.P., process had been initiated in the year 2015. During the said process, a Government order dated 11.08.2015 was issued to adopt certain procedure for reservation and allotment of seats with some modification as provided in the earlier Government order dated 09.07.2010. After receipt of objections on the list of the constituencies, it appears that the District Magistrate had proceeded to decide all objections by means of an order dated 13.09.2015. It appears that at this stage, a number of writ petitions were filed by different persons challenging the manner and methodology adopted by the State Government in delimitation of constituencies, reservation and allotment of seats. Objections were raised on the decision of the State Government vide Government order dated 05.09.2015 wherein it was notified that in Three-tier Panchayat Elections, the proceedings for reservation and allotment of seats for Pramukh, Kshetra Panchayat; members, Kshetra Panchayat and member of Zila Panchayat would continue as per the time-table notified for the same, whereas, the proceedings for reservation and allotment of seats for the Gram Panchayats be kept in abeyance till further orders were passed.