POOJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant writ petition, the petitioner asks for the quashing of the notification dtd. 8/4/2021 (Annexure P-2A) and notification dtd. 21/9/2022 (Annexure P-1), as became issued by respondents No.l and 2 respectively, wherebys the respondents have made amendments in Rule 6 of the Haryana Panchayati Raj Election Rules, 1994, (hereinafter referred to as 'the Rules of 1994') for the offices of Sarpanches of Gram Panchayats. It is further prayed that the respondents concerned, be directed to reserve the post(s) of Sarpanch(es), thus Scheduled Castes category hence in the forthcoming Panchayat elections.

(2.) That there are a total 5180 votes in village Barta, Block Kaithal in District Kaithal out of which 1141 votes are of Schedule Caste (SC) category as per averments made in petition. However, despite the statutory mandate borne in the statutory provisions carried in Sec. 9 of Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994) and the Rules of 1994, the reservation for the post of the Sarpanch(es) was to be made as per the roster prepared by Deputy Commissioner and the rotation thereof was to be made for reserving the aforementioned post(s) for different categories as provided in the Act and Rules of 1994. Moreover, since even in the prior hereto one time of election, rather the post (supra) become earmarked for the candidates belonging to the Scheduled Caste Category.

(3.) However, after the makings of the impugned amendment on 8/4/2021, to Rule 6 of the above said Rules of 1994, the reservation to the Scheduled Caste rather is to be given on the basis of the proportion of the population of Scheduled Caste, more than the percentage of the total population in the Gram Panchayat shall be prepared in ascending order. As such, it is averred that the said substitution is arbitrary so as to defeat the purpose of rotation.