Powers given to DCs to modify reservation roster stayed by HC
Shimla, April 7 -- In a significant setback to the government, the Himachal Pradesh high court (HC) has stayed the state government's decision to grant deputy commissioners (DCs) discretionary powers to modify the reservation roster in up to 5% of seats for the upcoming panchayat polls.
The high court further said any reservation roaster made under the new regulations will have to be redrawn. It reiterated its directive to all DCs to finalise and implement the reservation rosters for the polls by April 7, without fail.
The detailed order is awaited.
The decision comes during hearing on a public interest litigation (PIL) filed in the high court.
Petitioner's advocate, Nand Lal, said, "The state government did not have the power to bring in the amendment. It was an arbitrary move by the government. Considering our plea the HC has not just stayed but also directed the state government to ensure all roster as per the law be implemented by April 7. The HC also clarified that the election should be held by May 31."
Meanwhile, the DCs of five districts in the state issued the reservation rosters for the panchayat elections, including Kullu, Shimla, Mandi, Kangra, and Hamirpur, which in view of HC order may have to be withdrawn. Following the HC's latest orders, if any DC had reserved 5% of the seats using their discretionary powers under the new regulations, the reservation roster in such cases will have to be redrawn.
Elections are scheduled to be held in over 3,600 panchayats and 73 urban local bodies across the state before May 31. Electoral activities have intensified following the release of the reservation roster. The reservation roster for urban local bodies has already been issued; now, the roster for Panchayat elections is awaited in several districts.
The Congress government, had amended the Panchayati Raj Act to empower DCs to make changes in upto 5% of the seats in their reservation roster using their discretionary powers.
Panchayati raj minister, Anirudh Singh, said "We respect the judiciary and HC order will be implemented."
Principal media advisor Naresh Chauhan, said, "We will examine the order once we get the copy. The elections, as assured by the chief minister in the assembly, will be held as per the schedule. Already some districts have announced the roster."
Hailing the HC's decision, leader of the Opposition Jai Ram Thakur said, "It is another embarrassment for the government. Time and again, chief minister Sukhvinder Singh Sukhu is suffering setbacks in court concerning the panchayat polls."
"On the very day the government took this unconstitutional step, BJP staged a protest inside the assembly demanding its withdrawal and declaring their resolve to wage a legal battle if necessary," he said.
"Chief minister appears to have been determined to disrupt the panchayat elections right from day one. Consequently, he is unwilling to heed the advice of either constitutional experts or the Constitution itself. The government has been making repeated attempts to create hurdles in the Panchayat elections, but it has failed to succeed", added Jai Ram....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.