MANISH DHARMAIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This bunch of writ petitions questions the preparation, implementation and rotation of election reservation roster in Gram Panchayats for purposes of ensuing 2020-21 elections to the Panchayati Raj Institutions in the State. Common contention of the petitioners is that election reservation roster prepared by the State for 2020-2021 elections is inherently faulty, as a result, reservation of previous election years has been repeated for offices in the Gram Panchayats/areas involved in the writ petitions in the now scheduled elections thereby denying equal opportunity of representation to members of other categories. Involving common questions of law, these writ petitions, therefore, are taken up together for disposal.

(2.) Petitioner's grouse is that in ensuing 2020-2021 elections to be conducted for Panchayati Raj Institutions (for short PRI) in the respondent-State under The Himachal Pradesh Panchayati Raj Act, 1994 (in short the Act) and H.P. Panchayati Raj (Election) Rules, 1994 (in short the Rules), the seat of Pradhan in Gram Panchayat Khagna, Development Block Chopal, District Shimla, H.P. has been reserved for women (General). The office/area in question was reserved for women (General) in 2010 elections, for scheduled castes (open) in 2015 and, therefore, could not be kept for women (General) in 2020 elections. This amounts to repeating the reservation in the area for women (General) thereby denying the opportunity of representation to various other categories. Repeating the reservation in the area for women (General) is contrary to the principle of rotation envisaged in the Constitution of India, the 'Act' and the 'Rules'. Since the legal question raised is with respect to the alleged illegal repetition of reservation of an area for a particular category in forthcoming elections to PRI, therefore, following needs to be comprehended before proceeding further :-

(3.) Related Legal Provisions