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LATEST NEWS UPDATES | Apex Court Sets Aside HC Verdict To Pave Way For Panchayat Elections

Apex Court Sets Aside HC Verdict To Pave Way For Panchayat Elections

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published Published on Feb 2, 2010   modified Modified on Feb 2, 2010

The Supreme Court Bench headed by Chief Justice K. G. Balakrishnan set aside the verdict of Jharkhand High Court and upheld the constitutional validity of the amendment in the law that mandates reservations of the chairperson’s post of Panchayats at all levels for the Scheduled Tribe in all the scheduled areas.

The bench struck down Section 4(G) of the Panchayat (Extension to Scheduled Areas) Act (PESA), 1996 and held that other relevant provisions affected by the HC judgement would also be valid. The SC said that the case of panchayats in scheduled areas is a fit case that warrants exceptional treatment in reservations. The upper ceiling of 50% in reservations for higher education and public employment cannot be extended to the domain of political representation at the panchayat level in the scheduled areas, the bench added. The bench also upheld various sections of the Jharkhand Panchayat Raj Act 2001 that reserves seats for the Schedule Castes and Tribes in every Gram Panchayat proportionate to their respective populationin that particular area. The ‘Mukhia’ and his deputy’s post is also reserved for the Scheduled Tribe passed the bench. The Scheduled Tribes would get reservations in the Panchayat even in the non scheduled areas added the SC.

After the ruling of the Apex Court, way has been paved for holding the panchayat elections in the State soon. All the political Parties in the State have welcomed the verdict of the Supreme Court (SC) and urged the Shibu Soren government to speed up the process. There has been a voice of dissent also from some quarters who are contemplating going in for a ‘full bench’ verdict. The new minister for Panchayati Raj Haji Hussain Ansari would have his hands full to cope up with the public as well as political expectations. 15 districts in the State will have panchayat elections under PESA, including Ranchi, Latehar, W. Singhbhum, E. Singhbhum, Lohardaga, Gumla, Khunti, Simdega, Jamtara, Pakur, Saraikela, Dumka and Sahibganj. Some areas of Godda and Garwah will also come under this Act. Jharkhand is the only State where Panchayat elections have not been held. A total of 4562 Gram Panchayats would now be able to elect their ‘Mukhiya’, of these 2228 are from scheduled areas and covered under PESA.

The State Election Commission is ready for the Panchayat Elections and after the Apex Court’s verdict it has alerted the various DCs to be ready and has given directions to them accordingly.


Newswing.com, http://newswing.com/?p=4028
 

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