S FAKRUDDIN Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) These petitions under Article 226 of the Constitution of India have travelled through a hearing for admission before a learned single Judge, before a Division Bench, before a Full Bench and the Larger Bench of ours with the speed the Court could manage to generate keeping in view the nature of the cases and the urgency for their disposal the sooner the possible. The Division Bench which heard these petitions for admission noticed the contentions of the learned counsel for the petitioner in Writ Petition No. 11106 of 1995 and that of the learned Government Pleader and also the fact that a batch of writ petitions having a common contention are pending hearing before a Full Bench. The order dated 13-6-1995 directing the Registry of the Court to place the papers before the Chief Justice for appropriate orders as to posting reads as follows:-- "Mr. M. V. Ramana Reddy, learned counsel for the petitioner, is challenging the method by which Kanekal Gram Panchayat was reserved in favour of Backward Classes by drawal of lots in accordance with what is adumbrated in Rule 8 (iii) of the Andhra Pradesh Panchayat Raj (Reservation of seats of Ward Members and Offices of Sarpanches of Gram Panchayats) Rules, 1995, issued in G.O. Ms. No. 285, Panchayat Raj Rural Development and Relief (Elec. III) Department, dated 20-5-1995. The learned Government Pleader contends that the validity of the aforesaid Rule cannot be gone into by this Court in exercise of its power under Article 206 of the Constitution of India, in view of the embargo contained in Article 243-O(b) of the Constitution of India, which reads:

(2.) The Constitution (Seventy-third Amendment) Act, 1992, has introduced in Part IX thereof for the Constitution of Panchayats and in Part IX A thereof for the Constitution of Municipalities. The level of the village is taken as an unit and the body consisting of persons registered in the electoral roll relating to a village comprised within the area of Panchayat at the village level is defined as Gram Sabha (Article 243(b)). It is left to the Legislature of a State to provide by law powers and functions to be exercised by the Gram Sabha (Article 243A). Panchayat is defined to mean an institution, by whatever name called, for self-government constituted under Article 243-B, which reads as follows :-- "243B. Constitution of Panchayats.-- (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. (2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs. "Panchayat area is defined to mean the territorial area of a Panchayat, the population means the population as ascertained at the last preceding census of which the relevant figures have been published and the village as a village specified by the Governor by public notification to be a village including group of villages so specified. Intermediate level is defined under Article 243(c) to mean a level between the village and district levels specified by the Governor of a State by public notification. Article 243C of the Constitution provides for the provisions with respect to the composition of Panchayats and for filling the seats in Panchayats by persons chosen by direct election from territorial constituencies in the Panchayat area and for the said purpose for division into territorial constituencies of the Panchayat area in such manner that the ratio between the population of each constituency, so far as practicable, be the same throughout the Panchayat area. It provides for a Chairperson of the Panchayat at the village level to be elected in such manner as the Legislature of a State may by law provide and at the intermediate level or district level to be elected by and from amongst the elected members of the Panchayat. Provisions as to the duration of Panchayat etc., disqualifications for membership, power, authority and responsibility of the Panchayats, power to impose taxes by and funds of the Panchayats, constitution of finance commission to review the financial position of the Panchayats and to make recommendations in this behalf, audit of accounts of Panchayats, application of the provisions of Part IX of this Part (Part IX of the Constitution) to the Union Territories, continuance of existing laws on Panchayats are provided under Articles 243E, 243F, 243G, 243H, 2431, 243J, 243L and 243N of this Part of the Constitution.

(3.) Three provisions, however, stand out, viz., Article 243D which provides for reservation of seats, Article 243K which provides for elections to the Panchayats and 243-O which bars interference by courts in electoral matters. The first i.e., 243D speaks of reservation of seats for (a) Scheduled Castes and (b) Scheduled Tribes in every Panchayat and the number of seats so reserved to bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. Clause (2) of this provision says, "not less than 1/3rd of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be the Scheduled Tribes." Clause (3) says, "not less than 1/3rd including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats shall be reserved by rotation to different constituencies in a Panchayat." Clauses (4) and (5) together provide for the office of the Chairpersons in the Panchayats at the village or any other level to be reserved for the Scheduled Castes, Scheduled Tribes and Women in such manner as the Legislature of a State by law provide/provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the state: Provided further, that not less than 1/3rd of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women and that the number of offices reserved shall be allotted by rotation to different Panchayats at each level. Clause (6) of this article provides: "Nothing in this part shall prevent the legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.