ASHOK DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner, who claims to be a Samiti member of Gudvela Panchayat Samiti in the district of Bolangir has filed this writ application under Articles 226 & 227 of the Constitution of India praying inter alia for a direction challenging the reservation made for the office of chairperson of Gudvela Block as well as to declare the reservation made beyond 50% as illegal. The' Petitioner has also further prayed to declare the reservation made for backward class citizens as illegal & that the election conducted in 2nd, 3rd & 4th phase as illegal. The Petitioner has also prayed to declare the provisions contained in Section 16(2) (b-1) of Orissa Panchayat Samiti Act & Rule 30 thereof as ultra' vires.

(2.) The Opp. Party Nos. 2 & 3 have filed a counter affidavit stating therein that the reservation of seats for the office of chairperson of Panchat Samiti in the district of Bolangir has been made as provided Under Section 16 of the Orissa Panchayat Samiti Act & Rule 7 of Orissa Panchayat Samiti Election Rules. It is further stated that reservation has been made keeping in view the provisions contained in Article 243D of the Constitution, inasmuch as Clause-6 thereof, provides reservation to be made for backward class of citizens.

(3.) The State Election Commission, namely, Opp. Party No. 5 has also filed a separate counter affidavit. In the counter affidavit filed by the State Election Commission it was stated that in view of the bar provided under Article 243O of the Constitution of India, the writ application filed by the Petitioner is not maintainable. However, the Petitioner has filed a normal rejoinder to the counter affidavit filed by the Opp. Parties.