HiGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No.6496 of 2009 PETtTIONER: RESPONDENTS: -Versus- 1. Vinod Kumar Tiwari, S/o Shri Ramadhar Tiwari, aged about 42 years, R/o Village Jhiriya, Gram Panchayat Jhiriya, Janpad Panchayat Bemetara, Tahsii Bemetara, District Durg (CG) State of Chhattisgarh, Through The Secretary, Panehayat & Social Welfare Department, D.K.S. Bhawan, Raipur(CG) The Collector, Durg, District Durg (CG) J^ Preserit: Shri Y.C. Sharma, counsel for the petitioner. Shri Alok Bakshi, Govl. Advocate for the State/respondents. Slndle Bench: Hon'ble Shri Dhirendra Mishra, J. ORAL ORDER (8-12-2009) 1. The petitioner is aggrieved by the notification ofAnnexure-P/1 dated 22-10- 2009 issued by respondent No.2 whereby Gram Panchayat.Jhiriya (at S.No.50) of Janpad Panchayat, Bemetara,,has been reserved for Schedule Caste woman. 2. Learned counsel for the petitioner submitted that in Gram Panchayat Jhiriya and dependent village Bitkuli, npt a single person belonging to SC restdes. The petitioner had submitted its objection before issuance of notifiGation of Annexure-P/1 on 21-10-2009beforethe Prescribed Authority, Bemetarawith affidavit, even then the aforesaid notification has been issued reserving Gram Panchayat Jhiriya for SC women. Respondent No.2 has nol applied reservation in accordance with law and the authorities were duty bound to enquire into the representation of Annexure-P/4 submitted by the petitioner -^before issuing notificatjon of Annexure-P/1. in thesecircumstances, 7- '3 ^s notification pf reservatton dated 22-10-2009 (Annexure-P/1) deserves to be quashed and respondent No.2 b'e directed to hold fresh reservation fbr the post of Sarpanch of Gram Panchayat Jhiriya. 3. He further submitted that Kotwar of viliage Bitkuli & Jhiriya and Sarpanch and Secretary of Gram Panchayat Jhiriya have sworn affidavit to the effect that not a single person belonging to SC resides within the Gram Panchayat Jhiriya and in the voter list published in 2004, 2007-08and 2008-08 for election ofGram Panchayat, Assembly Electjonand Parliament Electton, not a single voter ofSC category Is included in the voterlist. 4. On the other hand, Shri Alok Bakshi, iearned Govt. Advocate for the State/ respondents wouldarguethat reservation for the postof Sarpanch of Gram Panchayat was done in accordance with Sections 17 and 129-E of the Panchayat RaJ Avam Gram Swaraj Adhiniyam, 1993 (for short 'the Act') and Ru!e 7 of the Chhattisgarh Panchayat Nirvachan Niyam, 1995 (for short 'tHe Rules'). Slnce reservation has been doneon the basis of population as per census 2001, 18.934% population in Bemetara block comprises ofSC and accordingly, 16 seats out of totat 87 seats of Sarpanch of block Bemetara have been reserved for SC candidates and out of 16 seats, 8 seats have been reserved for women. According to census 2001 of the vitlage Jhiriya block Bemetara, 1 male and 3 female beionging toSC category reside in Village Jhiriya (Annexure-R/2). 5. I have heard learned counsel for the parties. 6. On perusal 6f the documents filed by the petitioner, it appears that final notification was issueid by the Collector.Durg on 22 Octobsr, 2009 in exercise of powers under Section 17/129-E of the Act read with Rule 7 of the Rules. Reservation for the post ofSarpanch of all the Gram Panchayats of --Janpad Panchayat Block Bemetara wafs notifled and at S. No.SO Gram .•'^f' '^ '~'i^ if'.'f^S^ ''%. ^ ^^ \^ r Panchayat Jhiriya has been reserved for SC women. The petitioner had submitted his objection on 21-10-2009 before the Prescrlbed Authority i.e. SDO, Bemetara against drawing of tots for reservation whereby village Jhiriya has been reserved for SC women category. The petitioner has also filed affidavit of Kotwar of the 2 villages, Sarpanch and Secretary of the Gram Panchayat Jhiriya sworn on 5-11-2009wherein they deposed that not a single person of SC category resides within the Gram Panchayat Jhiriya and in voter !ist of the village prepared in 20)4, 2007-08 and 2008-09 also, not a single voter of SC category was regtstered, The State in its counter affidavit has given census figure for Janpad Panchayat Bemetara as 18.934%. Census figure of 2001 (Annexure-R/2) of different viliages of block Bemetara shows that SC population of village Jhiriya Is 4 (1 male and 3 female). 7. The provision for election of Sarpanch and Up-Sarpanch is given in Sectioh 17 of the Act. Sub-section (2) of Section 17 deals with number of seatsof Sarpanch of Gram Panchayats to be reserved for SC & ST category, according to which seats of Sarpanch woutd be reserved for the above 2 categories in the same proportion to the number of Sarpanch in the block as the proportion of the Scheduled Castes and Scheduled Tribes in the block bears to the total population of the block. Prpviso to sub-section (4) of Section 17 provides that the Gram Panchayat, which has no population of Scheduled Castes or Scheduled Tribes or other Backward Classes, shatl be excluded for allotment of seat reserved for Scheduted Castes, Seheduled Tribes or other Backward Classes, as the case may be. Sub-section (3) of Section 17 mandatesthat not less than one-half of the total numberof seats of Sarpanch within the btock shall be reserved for women. Rule 7 of the Ruies deats with the procedure to be followed for determination of reserved ~' seats for Sarpanch. Sub-rule (1) of Ruie 7 provides that seats for Sarpanch B—» 4 1~- <^ \^ shall be reserved for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women of the Gram Panchayat in accordance with the provisions of Section 17 of the Act by the Prescribed Authority and sub-rule (2) of Rule 7 prescribed the procedure for allotment of seats for Sarpanch of Gram Panchayat to Scheduled Castes, Schedyled Tribes or Other Backward Classes by draw of lots. 8. Reservation in the instant case has been done strictly in accordance with Section 17 of the Act and Rule 7 of the Rules. For the purpose of reservation, figure of census2001 has been taken into account by the respondents. The objection of the petitioner that within Gram Panchayat Jhiriya and dependent village Bitkuli, not a single person belonging to the SC category resides and none of the above categories have been included in the voter list ofthe said village forthe last 5 years coukl not be considered and decided on the date when lots were to be drawn. Even otherwise, for the purpose of implementation of reservation policy and the provisions of the Act and the Rules, the respondents have uniformty considered the census of 2001 for the purpose of population. Therefore, in my considered opinion, reservation for the post of Sarpanch of Gram Panchayat in block Bemetara vide notification ofAnnexure-P/1 cannot befaulted. 9. On the basis of aforesaid discussion, 1 am of tKe opinion that the petitioner has not been able to make out a case for interference by this Court. The petition has no force, the same deserves to be and is hereby dismissed, however, with no orders as to costs. Barve Sd/- Dhirendra Mishra Judge