DURGA BAI SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS writ appeal has been filed challenging the correctness of the order dated 08.11.2011 passed by learned Single Judge in W.P.(C) No. 27706 of 2011 with a prayer to allow W.P.(C) No.27706 of 2011 by setting aside the order of the learned Single Judge.

(2.) IN the writ petition, the petitioner had prayed for quashing of notification dated 16.06.2011 issued under Section 8 of the Orissa Grama Panchayat Act along with revised copy of the list of reserved constituencies in the ensuing Panchayat Election 2012 and to prepare a fresh list in consonance with amended provisions of Section 10(4) and (6) of the Odisha Grama Panchayat Act.

(3.) WHILE determining the women reservation in each category, procedure of "1st and thereafter every second" shall be followed so as to make total reservation for not less than 50% of women. Pursuant to the said notification, the Collector, Nuapada published a notification in Form No.12 under Sections 8 and 10 of the Act and also made a notification specifying the number and extent of wards of Gram Panchayats and reservation of such wards for members of scheduled castes and scheduled tribes, backward classes of citizens and women by following the provisions of Section 10 of the Gram Panchayat Act. In the said notification, the lists of reservation of different Panchayats was given in Form No.15, in which SL.No.20, is shown to be reserved for scheduled caste. The reservation of the Petitioner's constituencies was also placed at Sl.No.20 in the revised list dated 26.06.2011 after receiving the objections.