# Ajay Pal Singh v. State of U.P. & Ors

- **Citation:** (2021) 4 ILRA 267
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-01-27
- **Case number:** Writ - C No. 21887 of 2020
- **Bench:** Surya Prakash Kesarwani, Dr. Yogendra Kumar Srivastava
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ajay-pal-singh-v-state-of-u-p-ors-47001
- **Pages:** 10

## Headnote

Constitution of India,1950 - Part IX,
Art.243D
-
Uttar
Pradesh
Kshettra
Panchayat and Zila Panchayat Adhiniyam,
1961 - Sections 6-A, 7-A, 18-A, 19-A -
Reservation of Seats in Panchayat -
Freedom Fighter - Reservation of seats in
favour of dependents of freedom fighters-
in elections of zila panchayat - Held -
statutory provisions as contained in the
Adhiniyam, 1961, as also the provisions
under Article 243D do not contemplate the
reservation of seats or the offices for
dependents of freedom fighters - aim and
object of the reservation policy contained
in Part IX is to enable the marginalized
sections of society namely the scheduled
castes,
scheduled
tribes,
women,
to
participate in the process of democratic
decentralization - No such rationale or
nexus to support the claim for providing
reservation to dependents of freedom
fighters in Panchayat institutions could be
pointed out before Court. (Para 22, 27)

Dismissed. (E-4)

## Text

4 All. Ajay Pal Singh Vs. State of U.P. & Ors.
267
'ordinarily' indicates, a person who has
been prejudicially affected by an act or
opinion of the authority can file a writ even
though he has no proprietary or even
fiduciary interest in the subject matter
thereof.

6. In the said above case the site of
primary health centre was sought to be
changed inspite of deposit of money by
Committee that collected the fund and the
land was also donated. The Court then
applying the above principle held that
appellant has certainly been prejudiced by
the said order and petition, therefore, under
Article 226 was maintainable. Thus, on
facts of the above case cited by the
petitioner
is
distinguishable
and
the
judgment, in our considered opinion, is of
no help to the petitioner. .

7. We further notice that in the
present
case
there
were
a
general
complaint, including complaint of the
petitioner and the authorities have duly
applied their mind and in their well
considered opinion they have found that
there was no serious illegality in discharge
of onerous duty of the distribution of
essential commodities by the petitioner.
We, therefore, do not find it to be an
appropriate case where findings of fact so
recorded by the authority should be
judicially reviewed.

8. Writ petition accordingly fails and
is dismissed.
----------
(2021)04ILR A267
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 27.01.2021

BEFORE
THE HON'BLE SURYA PRAKASH
KESARWANI, J.
THE HON'BLE DR. YOGENDRA KUMAR
SRIVASTAVA, J.

Writ - C No. 21887 of 2020

Ajay Pal Singh ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Dwijendra Prasad

Counsel for the Respondents:
C.S.C

Constitution of India,1950 - Part IX,
Art.243D
-
Uttar
Pradesh
Kshettra
Panchayat and Zila Panchayat Adhiniyam,
1961 - Sections 6-A, 7-A, 18-A, 19-A -
Reservation of Seats in Panchayat -
Freedom Fighter - Reservation of seats in
favour of dependents of freedom fighters-
in elections of zila panchayat - Held -
statutory provisions as contained in the
Adhiniyam, 1961, as also the provisions
under Article 243D do not contemplate the
reservation of seats or the offices for
dependents of freedom fighters - aim and
object of the reservation policy contained
in Part IX is to enable the marginalized
sections of society namely the scheduled
castes,
scheduled
tribes,
women,
to
participate in the process of democratic
decentralization - No such rationale or
nexus to support the claim for providing
reservation to dependents of freedom
fighters in Panchayat institutions could be
pointed out before Court. (Para 22, 27)

Dismissed. (E-4)

(Delivered by Hon'ble Dr. Yogendra
Kumar Srivastava, J.)

1. Heard Sri Dwijendra Prasad,
learned counsel for the petitioner and Sri
268 INDIAN LAW REPORTS ALLAHABAD SERIES
Mata Prasad, learned Standing Counsel for
the State respondents.

2. The present writ petition has been
filed praying for the following reliefs:-

"(i) Issue a writ, order or
direction in nature of mandamus to direct
the respondent no. 2 to provide the
reservation for dependent of freedom
fighter in election of Zila Panchayat
election area Gangiri First in District
Aligarh Uttar Pradesh.

(ii) Issue a writ, order or direction
in the nature of mandamus directing the
respondent
no.
2
to
decide
the
representation of the petitioner regarding
the reservation for dependent of freedom
fighter in election of Zila Panchayat
election area Gangiri First in District
Aligarh Uttar Pradesh.

(iii) Pass such other and further
order which this Hon'ble Court deem fit
and
proper
under
the
facts
and
circumstances of the case.

(iv) Award the cost of the petition
in favour of the petitioner."

3. The petitioner, claiming himself to
be a dependent of freedom fighter, has
sought to raise a grievance with regard to
his claim for reservation in the elections to
the Zila Panchayat from the territorial
constituency
Gangiri
(First),
District
Aligarh. He claims to have filed a
representation in this regard to the District
Election
Officer/District
Magistrate
Aligarh, a copy whereof has been annexed
as Annexure no. 5 to the writ petition,
wherein a claim has been made for grant of
reservation to the dependents of freedom
fighters, in the Zila Panchayat elections to
be held for the territorial constituency
Gangiri
(First)
and
also
the
Gram
Panchayat elections to be held for the
territorial constituency Village Dadon,
Block Bijauli, Tehsil Atrauli. To support
his claim, the petitioner has placed reliance
upon a chart showing the position of
reservation of the Gram Panchayat Dadon
during the previous elections which is as
under :-

vyhx<+ ftys ds fodkl [k.M fctkSyh ds
xzke iapk;r nkanksa ds iz/kku in dk vkj{k.kA
dz0la0

xzke iapk;r dk uke
iz/kku in dk
vkj{k.k

01
xzke iapk;r nknksa 1995
fiNM+h tkfr

02
xzke iapk;r nknksa 2000
fiNM+h tkfr

03
xzke iapk;r nknksa 2005
Efgyk

04
xzke iapk;r nknksa 2010
vukjf{kr

05
xzke iapk;r nknksa 2015
vukjf{kr

4. The petitioner submits that while
reservations have been granted in favour of
the other classes, the respondent authorities
are acting in an arbitrary manner in not
providing reservation for dependents of
freedom fighters in respect of the territorial
constituency in question.

5. In order to appreciate the
controversy the relevant provisions under
law may be referred to.

6. Learned counsel for the petitioner,
however, has not been able to point out any
specific statutory provision in terms of
which the claim, with regard to grant of
reservation to dependents of freedom
fighters in elections to Zila Panchayats and
Gram Panchayats, may be made.
4 All. Ajay Pal Singh Vs. State of U.P. & Ors.
269

7. The subject matter of Panchayats is
dealt
with
under
Part
IX
of
the
Constitution. Part IX containing Articles
243, 243A to 243O and a new schedule i.e.
Eleventh Schedule were inserted by the
Constitution (Seventy-third Amendment
Act), 1992 with effect from 24.4.1993. The
object
of
the
amendment
of
the
Constitution and the insertion of Part IX
was to strengthen the Panchayat system by
giving it a constitutional base, so as to
ensure that Panchayats become vibrant
units of administration in rural areas by
establishing
strong,
effective
and
democratic local administration for rapid
implementation
of
rural
development
programmes. In terms of the provision
contained under Part-IX, a uniform threetier system of Panchayats i.e. at village,
intermediate and district level has been
created throughout the country.

8. The terms "district", "intermediate
level" and "village", are defined under
Article 243, as follows :-

"(a) "district" means a district in a
State;

(c) "intermediate level" means a
level between the village and district levels
specified by the Governor of a State by
public notification to be the intermediate
level for the purposes of this Part;

(g) "village" means a village
specified by the Governor by public
notification to be a village for the purposes
of this Part and includes a group of villages
so specified."

9.

Article
243B
provides
for
constitution of Panchayats at each of the
three
levels,
referred
to
above,
in
accordance with the provisions under
Part IX. Article 243B reads as follows:-

"243B.
Constitution
of
Panchayats--(1)
There
shall
be
constituted in every State, Panchayats at
the village, intermediate and district
levels in accordance with the provisions
of this Part.

(2)Notwithstanding anything in
clause (1), Panchayats at the intermediate
level may not be constituted in a State
having a population not exceeding twenty
lakhs."

10. The reservation of seats in the
Panchayats is provided for under Article
243D of the Constitution, which is being
reproduced below :-

"243D. Reservation of seats--(1)
Seats shall be reserved for-

(a) the Scheduled Castes; and

(b) the Scheduled Tribes,

in every Panchayat and the
number of seats so reserved shall bear, as
nearly as may be, the same proportion to
the total number of seats to be filled by
direct election in that Panchayat as the
population of the Scheduled Castes in that
Panchayat area or of the Scheduled Tribes
in that Panchayat area bears to the total
population of that area and such seats may
be
allotted
by
rotation
to
different
constituencies in a Panchayat.

(2) Not less than one-third of the
total number of seats reserved under clause
(1) shall be reserved for women belonging
to the Scheduled Castes or, as the case may
be, the Scheduled Tribes.
270 INDIAN LAW REPORTS ALLAHABAD SERIES

(3) Not less than one-third
(including the number of seats reserved for
women belonging to the Scheduled Castes
and the Scheduled Tribes) of the total
number of seats to be filled by direct
election in every Panchayat shall be
reserved for women and such seats may be
allotted
by
rotation
to
different
constituencies in a Panchayat.

(4)
The
offices
of
the
Chairpersons in the Panchayats at the
village or any other level shall be reserved
for the Scheduled Castes, the Scheduled
Tribes and women in such manner as the
Legislature of a State may, by law, provide:

Provided that the number of
offices of Chairpersons reserved for the
Scheduled Castes and the Scheduled Tribes
in the Panchayats at each level in any State
shall bear, as nearly as may be, the same
proportion to the total number of such
offices in the Panchayats at each level as
the population of the Scheduled Castes in
the State or of the Scheduled Tribes in the
State bears to the total population of the
State:

Provided further that not less than
one-third of the total number of offices of
Chairpersons in the Panchayats at each
level shall be reserved for women:

Provided also that the number of
offices reserved under this clause shall be
allotted by rotation to different Panchayats
at each level.

(5) The reservation of seats under
clauses (1) and (2) and the reservation of
offices of Chairpersons (other than the
reservation for women) under clause (4)
shall cease to have effect on the expiration
of the period specified in Article 334.

(6) Nothing in this Part shall
prevent the Legislature of a State from
making any provision for reservation of
seats in any Panchayat or offices of
Chairpersons in the Panchayats at any level
in favour of backward class of citizens."

11. The provision for establishment of
Panchayats at the intermediate level and the
district level in the State of Uttar Pradesh in
furtherance of the principle of democratic
decentralisation of governmental functions,
is contained under the Uttar Pradesh
Kshettra Panchayat and Zila Panchayat
Adhiniyam, 19611

12. Section 3 of the Adhiniyam, 1961
provides for division of rural areas into
Khands, and Section 5 envisages that there
shall be a Kshettra Panchayat for every
Khand.

13. In a similar manner, Section 17
provides
for
establishment
and
incorporation of Zila Panchayats and in
terms thereof there shall be a Zila
Panchayat for each district.

14 . Keeping in view the objectives
and
guidelines
incorporated
in
the
Constitution (Seventy-third Amendment)
Act, 1992 "The Uttar Pradesh Panchayat
Laws (Amendment) Act, 1994" [U.P. Act
No. 9 of 1994] was enacted providing for
amendments to the United Provinces
Panchayat Raj Act, 1947 and the Uttar
Pradesh
Kshettra
Samities
and
Zila
Parishads Adhiniyam, 1961. Amongst the
various amendments, the long title of the
Act, 1961 was amended to read as "Uttar
Pradesh Kshettra Panchayat and Zila
Panchayat Adhiniyam, 1961".

15. In order to provide for reservation
of seats for scheduled castes, scheduled
4 All. Ajay Pal Singh Vs. State of U.P. & Ors.
271
tribes, women and backward classes of
citizens, as envisaged under Article 243D,
Section 6-A and Section 18-A were
inserted by the U.P. Act No. 9 of 1994 to
provide for reservation of seats at the level
of Kshettra Panchayat and Zila Panchayat,
respectively. For ease of reference, Section
6-A and Section 18-A of the Adhiniyam,
1961 are reproduced below :-

"6-A. Reservation of seats- (1)
In every Kshettra Panchayat seats shall be
reserved for the persons belonging to the
Scheduled Castes, the Scheduled Tribes
and the Backward Classes and the number
of seats so reserved shall, as nearly as may
be, bear the same proportion to the total
number of seats to be filed by direct
election in the Kshettra Panchayat as the
population of the Scheduled Castes in the
Khand or of the Scheduled Tribes in the
Khand or of the Backward Classes in the
Khand bears to the total population of such
Khand and such seats may be allotted by
rotation
to
different
territorial
constituencies in a Kshettra Panchayat in
such order as may be prescribed.

Provided that the reservation for
the Backward Classes shall not exceed
twenty seven per cent of the total number
of seats in the Kshettra Panchayat.

Provided further that if the
figures of population of the backward
classes are not available, their population
may be determined by carrying out a
survey in the prescribed manner.

(2) Not less than one-third of the
seats reserved under sub-section (1) shall
be reserved for the women belonging to the
Scheduled Castes, the Scheduled Tribes
and the Backward Classes, as the case
may be.

(3) Not less than one-third of the
total number of seats, including the number
of seats reserved under sub-section (2) shall
be reserved for women and such seats may
be allotted by rotation to different territorial
constituencies in a Kshettra Panchayat in
such order as may be prescribed.

(4) The reservation of seats for
the Scheduled Castes and the Scheduled
Tribes shall cease to have effect on the
expiration of the period specified in Article
334 of the Constitution.

Explanation - It is clarified that
nothing in this section shall prevent the
persons belonging to the Scheduled Castes,
the Scheduled Tribes and the Backward
Classes and the women from contesting
election to unreserved seats.

18-A. Reservation of seats- (1)
In every Zila Panchayat, seats shall
reserved for the persons belonging to the
Scheduled Castes, the Scheduled Tribes
and the Backward Classes and the
number of seats so reserved shall, as
nearly as may be, bear the same
proportion to the total number of seats to
be filled by direct election in the Zila
Panchayat as the population of the
Scheduled Castes in the Panchayat area
or of the Schedules Tribes in the
Panchayat area or of the Backward
Classes in the Panchayat area bears to the
total population of that area and such
seats may be allotted by rotation to
different territorial constituencies in a
Zila Panchayat in such order as may be
prescribed.
272 INDIAN LAW REPORTS ALLAHABAD SERIES

Provided that the reservation for
the Backward Classes shall not exceed
twenty seven per cent of the total number
of seats in the Zila Panchayat.

Provided further that if the
figures of population of the backward
classes are not available, their population
may be determined by carrying out a
survey in the prescribed manner.

(2) Not less than one third of the
seats reserved under sub-section (1) shall
be reserved for the women belonging to the
Scheduled Castes, the Scheduled Tribes
and the Backward Classes as the case may
be.

(3) Not less than one third of the
total number of seats, including the number
of seats reserved under sub-section (2),
shall be reserved for women and such seats
may be allotted by rotation to different
territorial
constituencies
in
a
Zila
Panchayat in such order as may be
prescribed.

(4) The reservation of seats for
the Scheduled Castes and the Scheduled
Tribes shall cease to have effect on the
expiration of the period specified in Article
334 of the Constitution.

Explanation - It is clarified that
nothing in this section shall prevent the
persons belonging to the Scheduled Castes,
the Scheduled Tribes, the Backward
Classes, and the women from contesting
election to unreserved seats."

16. Clause (4) of Article 243D
contemplates reservation of the offices of
the Chairpersons in the Panchayats at the
village or any other level for scheduled
castes, scheduled tribes and women in such
manner as the Legislature of a State may,
by law, provide.

17. In terms of Section 7 of the
Adhiniyam,
1961
in
every
Kshettra
Panchayat a Pramukh shall be elected by the
elected members of the Kshettra Panchayat
from amongst themselves and Section 7-A
provides that the offices of the Pramukhs of
the Kshettra Panchayats shall be reserved for
the persons belonging to the scheduled castes,
the scheduled tribes and the backward
classes. In terms of sub-section (2) thereof
not less than one-third of the offices reserved
under sub-section (1) shall be reserved for the
women belonging to the scheduled castes, the
scheduled tribes and the backward classes, as
the case may be.

18. Section 7-A of the Adhiniyam,
1961 reads as follows :-

"7-A. Reservation of the offices
of Pramukhs- (1) The offices of the
Pramukhs of Kshettra Panchayats in the
State shall be reserved for the persons
belonging to the Scheduled Castes, the
Scheduled Tribes and the Backward
Classes:

Provided that the number of
office of the Pramukhs so reserved shall
bear, as nearly as may be, the same
proportion to the total number of such
offices in the State as the population of the
Scheduled Castes in the State or of
Scheduled Tribes in the State or of the
Backward Classes in the State bears to the
total population of the State and the offices
so reserved may be allotted by rotation to
different Kshettra Panchayats in the State
in such order as may be prescribed.

Provided
further
that
the
reservation for the Backward Classes shall
4 All. Ajay Pal Singh Vs. State of U.P. & Ors.
273
not exceed twenty-seven per cent of total
number of offices of Pramukhs in the State.

Provided also that if the figures of
population of the backward classes are not
available,
their
population
may
be
determined by carrying out a survey in the
prescribed manner.

(2) Not less than one-third of the
offices reserved under sub-section (1) shall
be reserved for the women belonging to the
Scheduled Castes, the Scheduled Tribes
and the Backward Classes, as the case may
be.

(3) Not less than one-third of the
total number of offices of Pramukhs,
including the number of offices reserved
under sub-section (2), shall be reserved for
women and such offices may be allotted by
rotation to different Kshettra Panchayats in
the State in such order as may be
prescribed.

(4) The reservation of the offices
of Pramukhs for the Scheduled Castes and
the Scheduled Tribes under this section
shall cease to have effect on the expiration
of the period specified in Article 334 of the
Constitution.

Explanation- It is clarified that
nothing in this section shall prevent the
persons belonging to the Scheduled Castes,
the Scheduled Tribes and the Backward
Classes, and the women from contesting
election to unreserved offices."

19. The Chairperson of a Zila
Panchayat namely "Adhyaksha" is to be
elected by the elected members of the Zila
Panchayat from amongst themselves as per
Section 19 of the Adhiniyam, 1961. The
reservation of the offices of Adhyaksha
is to be made for the persons belonging to
the scheduled castes, scheduled tribes and
the backward Classes as provided under
sub-section (1) of Section 19-A, and in
terms of sub-section (2) thereof not less
than one-third of the offices reserved under
sub-section (1) shall be reserved for the
women belonging to the scheduled castes,
the scheduled tribes and the backward
classes, as the case may be. For ready
reference, Section 19-A is being extracted
below :-

"19-A Reservation of the offices
of Adhyaksha - (1) The offices of the
Adhyakshas of the Zila Panchayats in the
State shall be reserved for the persons
belonging to the Scheduled Castes, the
Scheduled Tribes and the Backward
Classes:

Provided that the number of
offices of the Adhyakshas so reserved shall
bear, as nearly as may be the same
proportion to the total number of such
offices in the State as the population of the
Scheduled Castes in the State or of the
Scheduled Tribes in the State or of the
Backward Classes in the State bears to the
total population of the State and the offices
so reserved shall be allotted by rotation to
different Zila Panchayats in the State in
such order as may be prescribed.

Provided
further
that
the
reservation for the Backward Classes shall
not exceed twenty seven per cent of the
total number of offices of Adhyakshas in
the State.

Provided further that if the
figures of population of the backward
classes are not available, their population
274 INDIAN LAW REPORTS ALLAHABAD SERIES
may be determined by carrying out a
survey in the prescribed manner.

(2) Not less than one-third of the
offices reserved under sub-section (1) shall
be reserved for the women belonging to the
Scheduled Castes, the Scheduled Tribes, or
the Backward Classes as the case may be.

(3) Not less than one third of the
total number of offices of Adhyakshas,
including the number of offices reserved
under sub-section (2), shall be reserved for
women and such offices may be allotted by
rotation to different Zila Panchayats in the
State in such order as may be prescribed.

(4) The reservation of the offices
of Adhyaksha for the Scheduled Castes and
the Scheduled Tribes under this section
shall cease to have effect on the expiration
of the period specified in Article 224 of the
Constitution.

Explanation- It is clarified that
nothing in this section shall prevent the
persons belonging to the Scheduled Castes,
the Scheduled Tribes, the Backward
Classes and the women from contesting
election to unreserved offices."

20.

From
the
aforementioned
statutory provisions, it is seen that
reservation of seats and offices at the
intermediate level and the district level
under the Uttar Pradesh Kshettra Panchayat
and Zila Panchayat Adhiniyam, 1961, is
provided for under Sections 6-A, 7-A, 18-A
and 19-A, as envisaged under Article 243D
of the Constitution.

21. The reservation of seats and also
offices of the Chairpersons, provided for
under Article 243D, is for the scheduled
castes, the scheduled tribes and women. In
terms of clause (6) of Article 243D the
Legislature of a State is enabled to make
provision for reservation of seats in any
Panchayat or offices of the Chairpersons in
the Panchayats at any level in favour of
backward class of citizens.

22. The statutory provisions as
contained in the Adhiniyam, 1961, as also
the provisions under Article 243D do not
contemplate the reservation of seats or the
offices for dependents of freedom fighters.

23. The constitutional basis of
reservation in the Panchayat institutions at
each of its three levels, is as per the
provisions
under
Article
243D.
The
reservation provided for under Article
243D has an independent and distinct
constitutional basis which cannot be
compared
to
the
affirmative
action
measures
in
terms
of
the
enabling
provisions contained under Articles 15 (4)
and 16 (4) of the Constitution. The
reservation of seats under Articles 15 (4)
and 16 (4) of the Constitution are for
distributing benefits of higher education
and
public
employment
among
beneficiaries with a view that access to
higher education and public employment
would increase likelihood of a gradual
socio-economic
empowerment
of
the
beneficiaries
whereas
the
object
of
providing reservation in the Panchayats is
to provide for involvement in local-self
government which is intended as an
immediate measure for empowerment of
individuals as well as the community to
which the individuals belong to enable their
participation in the development process at
the grass root level.

24. In order to appreciate the rationale
and object for providing for reservation in
panchayat institutions, we may refer to the
statement of objects and reasons appended
to the Constitution (Seventy Second
4 All. Ajay Pal Singh Vs. State of U.P. & Ors.
275
Amendment) Bill, 1991, which was enacted
as
the
Constitution
(Seventy-Third
Amendment) Act, 1992. The statement of
objects and reasons reads as follows :-

"(1) Though the Panchayati Raj
Institutions have been in existence for a
long time, it has been observed that these
institutions have not been able to acquire
the status and dignity of viable and
responsive people's bodies due to a number
of reasons including absence of regular
elections,
prolonged
supercessions,
insufficient
representation
of
weaker
sections like Schedule Castes, Scheduled
Tribes and women, inadequate devolution
of powers and lack of financial resources.

(2) Article 40 of the Constitution
which enshrines one of the directive
Principles of State Policy lays down that
the State shall take steps to organize village
panchayats and endow them with such
powers and authority as may be necessary
to enable them to function as units of selfgovernment. In the light of the experience
in the last forty years and in view of the
short-comings which have been observed,
it is considered that there is an imperative
need to enshrine in the Constitution certain
basic and essential features of Panchayat
Raj
Institutions
to
impart
certainty,
continuity and strength to them.

(3) Accordingly, it is proposed to
add a new Part relating to panchayats in the
Constitution to provide for among other
things, Gram Sabha in a village or group of
villages; constitution of Panchayats at
village and other level or levels; direct
elections to all seats in Panchayats at the
village and intermediate level, if any, and
to
the
offices
of
Chairpersons
of
panchayats at such levels; reservations of
seats for the Scheduled Castes and
Schedule Tribes in proportion to their
population for membership of panchayats
and office of Chairpersons in Panchayats at
each level; reservation of not less than onethird of the seats for women; fixing tenure
of 5 years for panchayats and holding
elections within a period of 6 months in the
event of supercession of any panchayat;
disqualifications
for
membership
of
panchayats;
devolution
by
the
State
Legislature of powers and responsibilities
upon the panchayats with respect to the
preparation
of
plans
for
economic
developments and social justice and for the
implementation of development schemes;
sound finance of the panchayats by
securing
authorization
from
State
Legislature
for
grants-in-aid
to
the
panchayats from the Consolidated Fund of
the State, as also assignments to, or
appropriation by, the panchayats of the
revenues of designated taxes, duties, tolls
and fees; setting up of a Finance
Commission within one year of the
proposed amendment and thereafter every 5
years to review the financial position of
panchayats; auditing of accounts of the
panchayats; powers of State Legislatures to
make provisions with respect to elections to
panchayats under the superintendence,
direction and control of the Chief Electoral
Officer of the State; application of the
provisions of the said Part to Union
territories; excluding certain State and areas
from the application of the provisions of
the said Part; continuance of existing laws
and panchayats until one year from the
commencement
of
the
proposed
amendment and barring interference by
courts in electoral matters relating to
panchayats;

(4) The Bill seeks to achieve the
aforesaid objectives."
276 INDIAN LAW REPORTS ALLAHABAD SERIES

25. The aforementioned statement of
objects and reasons clearly takes note of the fact
situation that though the Panchayat Raj
Institutions have been in existence for a long
time, they have not been able to acquire the
status and dignity of viable and responsive
peoples' bodies due to a number of reasons
including insufficient representation of weaker
sections like scheduled castes, scheduled tribes
and women. It was accordingly proposed to
provide reservations of seats for scheduled
castes and scheduled tribes in proportion to their
population for membership of Panchayats and
office of Chairpersons in Panchayats at each
level and reservation of not less than one-third
of the seats for women.

26. The intended beneficiaries to whom
reservation is to be provided i.e. scheduled
castes, scheduled tribes and other backward
class of citizens - are clearly identified under
Article 243D which is in consonance with the
statement of objects and reasons of the Seventythird Amendment Act, for furtherance of the
contemplated
aim
of
democratic
decentralization and in order to pursue the
objective of ensuring that the traditionally
marginalized groups should progressively gain
a foothold in the institutions of local self
government. The idea of providing reservation
under Article 243D is to ensure that a minimum
number of seats are provided for and are filled
in by the vulnerable sections of the society so as
to safeguard their interests by giving them an
effective voice in local self government at each
of the three levels of the panchayat institutions.
This is more so for the reasons that for
democratic decentralization to percolate to the
grass root level, it would be necessary to
empower the vulnerable sections of the society.

27. Claim of the petitioner with regard
to providing reservation for dependents of
freedom fighters in panchayat institutions is
to be tested in the context of the overall
scheme as envisaged under Part IX of the
Constitution and the corresponding state
legislation brought to implement it. The aim
and object of the reservation policy contained
in Part IX is to enable the marginalized
sections of society namely the scheduled
castes,
scheduled
tribes,
women
and
backward classes of citizens, to participate in
the process of democratic decentralization by
having a share in governance which was
hitherto denied to them. No such rationale or
nexus to support the claim for providing
reservation to dependents of freedom fighters
in Panchayat institutions has been pointed out
before us.

28. The reservation of seats and offices
in the panchayat institutions being governed
in terms of the provisions under Article 243D
under Part IX of the Constitution and there
being no provision thereunder for providing
reservation
to
dependents
of
freedom
fighters, the claim sought to be raised in the
present writ petition does not have any legal
foundation.

29.

Having
regard
to
the
aforementioned facts, we are of the view that
the writ petition is devoid of merits and is
accordingly dismissed.
----------
(2021)04ILR A276
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 19.03.2021

BEFORE

THE HON'BLE VIVEK KUMAR BIRLA, J.

Writ - C No. 27107 of 2020

Smt. Mamta Devi ...Petitioner
Versus
State of U.P. & Anr. ...Respondents

Counsel for the Petitioner: