RAJENDRA RAM Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the respondents.

(2.) THIS writ petition has been filed for quashing the list prepared by the respondents for reservation of different territorial constituencies of Block Panchayat Samiti, Vaishali, under which the respondents have not reserved a territorial constituency in favour of the Scheduled Caste category, which, according to the petitioners, should have been reserved for that category and conversely they have reserved a territorial constituency in favour of Scheduled Caste category, which according to the petitioners, should not have been reserved under the provisions of Rules 9 and 11 of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as 'the Rules ' for the sake of brevity). Another prayer is made for quashing the list prepared by the respondents for reservation of different Territorial constituencies of Mukhiya under the Vaishali Panchayat Samiti, by which they have not reserved a constituency for Scheduled Caste category, which according to the petitioners ought to have been reserved for them and conversely they have reserved a constituency in favour of the Scheduled Caste category, which according to the petitioners should not have been reserved for the said category. Further prayer has also been made for directing the respondent -authorities to hold the elections of the three tier Panchayats for Vaishali Block as per the provisions contemplated under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act ' for the sake of brevity).

(3.) LEARNED counsel for the petitioners also averred that according to Rule 9(3) of the Rules the authorities have to first ascertain seats for 'Scheduled Castes and Schedule Tribes ' reservation on the basis of highest total population of the constituency and then for general class and others . He also stated that as per Rule 11(1) of the Rules, Scheduled Castes and Scheduled Tribes ' reservation of seats have to be rotated starting from the most populous constituency. But according to the petitioners ' counsel, the authorities reserved posts of Panchayat Samiti and the Mukhiya whiasically violating not only Rule 9(3) and Rule 11(1) of the Rules, but also ignoring the provision of sec. 135 of the Act as well as the provisions of the Constitution of India. He also stated that due to the aforesaid deliberate mistakes and violation of the specific provisions of law, the entire election is a nullity without any sanction of law and has to be set aside and fresh election has to be held and the entire expense of re -election has to be recovered from the erring authorities.