Chandigarh: The Punjab and Haryana high court on Thursday issued notice to the Haryana government seeking its reply on a plea challenging the Haryana Panchayati Raj (Amendment) Ordinance-2022 providing reservation for backward classes (A) in panchayat elections.
Division bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli of the HC has issued the notice while taking cognizance of a plea filed by some residents of Sonipat district. The petitioners have sought directions to set aside the ordinance issued on September 2, 2022, for being in violation of the Articles 14, 15 and 243D of Indian Constitution.
The matter has been fixed for December 14 for further hearing. The ordinance has amended the Haryana Panchayati Raj Act making changes to section 9, section 59 and section 120 thereby creating provision of reservation of BC (A). As per the ordinance, new provision has been provided for reservation of BC (A) based on proportion of population as one half of the percentage of population of BC (A) to the total population in the gram sabha area and such wards shall be allotted by draw of lots from the wards other than that reserved for SC and by rotation in subsequent election.
According to the petitioners, the process of draw of lots and how the rotation process will be followed has not been clearly defined which is completely illegal, unfair and unconstitutional. As far as reservation for SC is concerned it is being made in the proportion of population whereas for BC (A) the same is being added to one half of the percentage of population, they have said, claiming that the ordinance is entirely discriminatory towards the BC (A) by limiting the extent of the benefit being granted as compared to the SC category therefore the impugn order is liable to be set aside, the petition has contended.
Division bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli of the HC has issued the notice while taking cognizance of a plea filed by some residents of Sonipat district. The petitioners have sought directions to set aside the ordinance issued on September 2, 2022, for being in violation of the Articles 14, 15 and 243D of Indian Constitution.
The matter has been fixed for December 14 for further hearing. The ordinance has amended the Haryana Panchayati Raj Act making changes to section 9, section 59 and section 120 thereby creating provision of reservation of BC (A). As per the ordinance, new provision has been provided for reservation of BC (A) based on proportion of population as one half of the percentage of population of BC (A) to the total population in the gram sabha area and such wards shall be allotted by draw of lots from the wards other than that reserved for SC and by rotation in subsequent election.
According to the petitioners, the process of draw of lots and how the rotation process will be followed has not been clearly defined which is completely illegal, unfair and unconstitutional. As far as reservation for SC is concerned it is being made in the proportion of population whereas for BC (A) the same is being added to one half of the percentage of population, they have said, claiming that the ordinance is entirely discriminatory towards the BC (A) by limiting the extent of the benefit being granted as compared to the SC category therefore the impugn order is liable to be set aside, the petition has contended.