BALLAV SINGH YADAV Vs. KALYAN SINGH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of both W. A. No. 195/08 and w. A No. 221/08. In both the Writ Appeals filed under Section 2 (1) of the madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal)Adhiniyam, 2005, arising out of the common order dated 28-3-2008 passed by the learned Writ Court in W. P. No. 1369/08 common question of law is involved.

(2.) THE brief facts of the case are that one Kalyan Singh filed Writ petition under Articles 226/227 Of the Constitution of India, being aggrieved by the illegal and arbitrary action of the respondents in conducting elections of the district Cooperative Krishi Evam Gramin Vikas Bank, Shivpuri (for short "the bank" ). The contention of the petitioner in the Writ Petition was that while conducting elections of the Bank, the percentage of reservation of delegates is determined to the extent of 90%, which is more than constitutionally permissible percentage of reservation of 50%. It was further submitted that the aforesaid Bank is having total 8100 individual members, out of which 1900 members belong to Scheduled Caste category, break up of percentage is 23%, 2400 members of Scheduled Tribe category with 29% reservation, 3000 members of Other Backward Classes category with 37% and 800 members of General Category with 10%. The aforesaid members were divided into 173 groups, therefore it was prayed that a reservation beyond 50% is not permissible under the law, as such the election is illegal and be set aside.

(3.) LEARNED Writ Court upheld the submission made by the petitioners and held that the reservation more than 50% in the smaller body as per Section 48 is contrary to the pronouncement of the decision of the Apex Court in the case of lndra Sawhney Vs. Union of India, AIR 1993 SC 477 as well as in Anand manohar Tambe Vs. State of M. P. and others, decided on 12th December, 1996 in W. P. No. 1013 of 1996. Against the aforesaid judgment of Writ Court, these two Writ Appeals have been filed.