SUVENDU ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Learned senior counsel for the petitioner has, at the outset, submitted that he is confining this petition to the prayers relating to the challenge to the notifications dated 29th of July, 2022 and 2nd of August, 2022 and to the issue relating to computation of population for the purpose of reservation of seats for SC/ST and Backward Classes. He has sought permission to withdraw the petition in respect of other prayers with liberty to file a fresh petition in respect thereof after the elections are notified.

(2.) The prayer is allowed and the petitioner is permitted to confine the petition to the above prayer which is pressed during argument by granting liberty to file fresh petition in respect of other prayers at the appropriate stage, if the need so arises.

(3.) The Gram Panchayat Elections are due to be held in the State of West Bengal this year, 2023. The State Election Commission had, vide notifications dated 29th of July, 2022 and 2nd of August, 2022, issued various directives to compute the population of the Backward Classes for the purpose of delimitation during the upcoming Gram Panchayat Elections. The said notifications direct a State-wide survey to obtain the relevant information for determination of population of Backward Classes in West Bengal for reservation of seats in Panchayat General Elections. It further states that since no public figure of population of Backward Classes disaggregated to the level of Gram Panchayat Constituencies are available in the State, a decision to conduct State-wide survey for determination of population belonging to Backward Classes in the areas under 3-tier Panchayat Raj Institutions is taken by the State. In respect of SC/ST, the population figure is to be arrived at by adding 7.5% decadal growth rate of population to the census figure of 2011. The petitioner being aggrieved with the same, had submitted the representation dated 1st of November, 2022 to the West Bengal State Election Commission. The said representation was rejected by the State Election Commission vide order dated 17th of November, 2022. Thereafter, the present petition was filed on 6th of December, 2022.