With regard to scheduled areas, all seats of chairpersons of panchayats at all levels have been reserved for Scheduled Tribes

This is the sixth and the final part of the excerpts from the ruling given by the then Chief Justice Altamas Kabir and Justice S.J. Mukhopadhyay while disposing a batch of petitions related to the panchayat election in the state.

The six parts do not consist the complete text of the judgment. But they might help in promoting a more meaningful public debate.

Reservation of seats of chairpersons at all level in favour of women

At the time of argument, counsel for some of the petitioners also made grievance that the state government has not made any provision for reservation of seats and officials of chairpersons in favour of women. It was submitted that Jharkhand Panchayat Raj Act, 2001, cannot be given effect to in absence of such reservation of seats and offices of chairpersons in favour of women.

Though no such specific pleading has been made in the writ petition, many of the writ petitions, being in the nature of public interest, this court is inclined to entertain the prayer.

Article 243-D(4) of the Constitution of India mandates reservation of the seats and offices of the chairpersons in panchayats at all levels in favour of scheduled castes, scheduled tribes and women. 2nd provision to clause (4) of said Article 243-D makes it specific that such reservation of the seats and offices of chairpersons in panchayats at all levels in favour of women shall not be less than one-third of the total seats and offices of chairpersons.

If no such provision has been made under Jharkhand Panchayat Raj Act, 2001, the State Election Commission, Jharkhand, is bound to make such reservation in favour of women, in terms with clause (4) of 243-D of the Constitution of India, at the time of election.

The respondents, including the state election commission, Jharkhand, are, accordingly, directed to take appropriate steps for reservation of certain seats and offices of chairpersons in panchayats at all levels in favour of women, in terms with Article 243-D (4) of the Constitution of India and thereby allow the eligible women candidates to contest such seats of chairpersons in panchayats at all levels.

SC/ST reservation in non-scheduled area :

It has already been held that under Part IX of the Constitution, the seats and offices of chairpersons of panchayats at all levels have not been treated as solitary seats, but they have been treated to be a group of seats of chairpersons. Such constitutional provision having been made, it was not open for the state to treat the offices and seats of chairpersons of panchayats at all levels in non-scheduled areas as solitary seats.

There being a Constitutional mandate, certain number of seats and offices of chairpersons in the panchayats at all levels are to be reserved in favour of the Scheduled Castes and Scheduled Tribes, proportionate to their population in the state, which are required to be reserved by rotation to different panchayats at each level. Article 243-D being applicable for non-scheduled areas, it was not open to the state to unreserve all the offices and seats of chairpersons of panchayats at all levels in the non-scheduled areas.

Cent per cent reservation of chairpersons

In regard to the scheduled areas, all seats of chairpersons of panchayats at all levels have been reserved for Scheduled Tribes. It has already been held that cent per cent reservation of the offices and seats of chairpersons cannot be made, being excessive, unreasonable and against the principles of equality, i.e. violative of Article 14 of the Constitution of India, they cannot be upheld, being unconstitutional.

Scheduled districts versus blocks

Even during the British period one or the other district, such as Santhal Pargana and Chutia Nagpur of the then Bengal (now in Jharkhand) were declared scheduled districts. Individual blocks were not declared as scheduled areas but a district in whole.

When Scheduled Area (Part A states) Order, 1950, was issued, only Ranchi district, Singhbhum district (excluding Godda and Deoghar subdivisions) and Latehar subdivision within Palamau district were declared as scheduled areas.

By Scheduled Areas (states of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 again, the scheduled areas were shown mainly districtwise, such as Ranchi district, Singhbhum district etc. But for the first time certain blocks were shown and included in the scheduled areas

The Scheduled Areas (states of Chattisgarh, Jharkhand and Madhya Pradesh) Order, 2003 declared blocks of different districts as scheduled areas. It has not been made clear either by the counsel for the Union of India or the state of Jharkhand as to how the seats and offices of chairpersons at district level, such as Adhyaksh and Upadhyaksh in an area can be reserved for Scheduled Tribes, if the district in particular has not been declared as scheduled area.

For example, one block of the district of Garhwa, two blocks of Godda, four blocks of Jamtara and six blocks each of Dumka and Pakur districts have been declared as scheduled areas. But those districts in general have not been declared as Scheduled (District) Areas.

If the 2nd proviso to clause (g) of section 4 of PESA Act, 1996 is applied, the seat and office of the chairperson of a district like Garhwa has to be reserved for Scheduled Tribes, if the district in whole is treated as scheduled area. On the other hand, most of the blocks of Garhwa being non-scheduled areas, the seats of chairpersons cannot be reserved only for Scheduled Tribes if the provisions of Article 243-D(4) is applied.

Viewed with this angle, it can also be held that the 2nd proviso to clause(g) of section 4 of the PESA Act, 1996 in regard to one or other district, which consists of both non-scheduled and scheduled area, can not be given effect to for the seats of and offices of Adhyaksh and Upadhyaksh of Zilla Parishad, as it will be in direct conflict with Article 243-D(4) of the Constitution of India.

(Concluded)