Observing that the repetition of reservation in seats is minuscule and in compliance with Article 243D of the Constitution, the Uttarakhand High Court vacated the stay on panchayat elections and ordered that the process be resumed.
The pleas, which prompted the stay on June 23, were by a clutch of petitioners arguing that the government’s decision to nullify the existing reservation rotation for the panchayat polls and bring about a new rotation has prevented them from being able to contest.
Under the reservation rotation system, constituencies are reserved for various categories for three terms, after which the quota goes to other seats. With a new rotation starting this year, the petitioner had said a seat that had been reserved for the last three terms would again be reserved this year, preventing him from contesting the election.
The division bench of Chief Justice G Narender and Justice Alok Mahra heard the counsel for the government who argued that the repetition was conducted on the recommendations of a report by a committee and was in compliance with the provisions of Article 234 D of the Constitution (pertaining to the reservation of seat in Panchayati Raj system).
While arguing, the counsel for the state had relied on the Supreme Court’s verdicts on withholding elections.
“The apex court has held that withholding election is a breach of constitutional mandate, for any reason, and even the SC cannot do it, even under article 142. This constitutional mandate that elections should proceed at any cost is inviolable,” the Advocate General had said.
On Friday, the HC said that the rulings of the Supreme Court that the counsel relied on elucidated one invariable rule that the constitutional courts may stall the election process where there is no compliance with the constitutional mandate regarding reservation under Article 243-D of the Constitution of India.
