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HC won’t alter panchayat reservations

Holding that the SC has held a consistent view that there was no scope for courts to interfere in the delimitation exercise, the Madurai HC bench dismissed a plea seeking a fresh notification reserving Thadikarankonam panchayat in Kanniyakumari district for general category instead of women.

HC won’t alter panchayat reservations


Justices M Duraiswamy and T Ravindran dismissing the plea made by one Jeyaraj said, “When mala fides have neither been attributed nor established regarding the delimitation exercise undertaken by the government and the State Election Commission before issuing the impugned notification, the petitioner cannot now question the reservation made.”

“Therefore, we cannot be called upon to exercise our jurisdiction to interfere with the impugned notification, which has been issued after conducting a delimitation exercise and giving due representation to the women,” the bench said.

Also, the bench in its order cited Article 243-O of the Constitution of India, wherein the validity of any law relating to delimitation of constituencies or the allotment of seats to such constituencies shall not be called in question in any court. Further, no election to any panchayat shall be called in question except by an election petition provided for by the Legislature of a State.

Jeyaraj in his plea contended that Thadikarankonam Panchayat has been reserved for women for the third time consecutively and the same has to be reconsidered. AAG K Chellapandian appearing for the Government and SEC submitted that in view of Article 243-O, the petitioner cannot question the delimitation of constituencies and the election process.

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