Dixant Ishwarbhai Patel vs State of Gujarat

Ms. Harsha Devani, J. (Oral)—By this petition under Article 226 of the Constitution of India, the petitioners have challenged the notification dated 26.22.2001 (Annexure "B" to the petition) issued by the respondent No.3, Collector, District Surat for the purpose of rotation in reservation for the office of Sarpanch in villages Barbodhan, Ariyana and Sondalkhara of Taluka Olpad, District Surat. The petitioners also seek a direction to the respondent - Collector to implement rotation in reservation for the office of Sarpanch in villages Barbodhan, Ariyana and Sondalkhara of Taluka Olpad, District Surat, and to strictly follow : (i) article 243D of the Constitution of India, (ii) sections 51(2) and section 51(3) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act"), (iii) rules 4, 5, 6, 7, 8, 10, 11 and 12 of the Gujarat Village Panchayats Election of Sarpanch (Manner of Allotment of Reserved Offices of Sarpanch by Rotation) Rules, 1994 (hereinafter referred to as "the rules"), and (iv) the decision of the Supreme Court in the case of K. Krishna Murthy (Dr.) and others v. Union of India and another, (2010) 7 SCC 202. The petitioners have also challenged the circular dated 03.08.2016 issued by the State of Gujarat, Department of Panchayats, dated 03.08.2016 (Annexure "C" to the petition), to the extent it provides for restarting of circle or cycle of rotation in reservation for the office of Sarpanch based on: (i) Division of Village Panchayat, (ii) Closure of Village Panchayat, (iii) Conversion of Village Panchayat into Municipal Borough, and (iv) Change in the population as per the new population census will change the special serial numbers given for the purpose of allotment of offices of Sarpanch for the purpose of reservation for the Scheduled Castes, the Scheduled Tribes, OBC and Women, and further seek a direction to the respondents that the circle or cycle of rotation in reservation for the office of Sarpanch in Panchayat Elections has to be exhausted before it could be restarted.

At the outset it may be noted that pursuant to filing of the present petition, insofar as the relief prayed for vide paragraph 9(C) of the petition is concerned, it appears that the respondent State authorities have corrected their action and have, accordingly, reserved the offices of Sarpanch for the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes as required under rule 10 of the rules, in a manner so as to exhaust the lists before the same can be restarted. Therefore, the principal grievance voiced in the petition no longer survives.

However, the grievance of the petitioners still survives to the extent it is contended that rotation means not only not implementing successively reservation of one or the other nature from among the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes and women and that if the post of Sarpanch in village Barbodhan of Taluka Olpad, District Surat was reserved for any class in the year 2011, then office of Sarpanch in the said village has to remain unreserved to give effect to rotation.

Mr. A.J. Yagnik, learned advocate for the petitioners, invited the attention of the court to article 243D of the Constitution, which provides for reservation of seats and submitted that there is a specific provision that reserved seats are to be allotted by rotation. It was contended that the Constitution, under article 243D, does not contemplate horizontal reservation for women. The expression "woman" encompasses women belonging to the general class as well as reserved classes. In terms of the rules, 50% of the offices of Sarpanch in all the categories have to be reserved for women. The proviso to clause (4) of article 243D of the Constitution provides for allotment of offices reserved under that clause by rotation to different Panchayats at each level. Therefore, if a seat of a particular village is reserved for a woman candidate, be it in the category of the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes or general class, the category of women being a separate category, the reservation cannot be extended to women in the next election qua that village and by rotation, it has to go to general category of the Scheduled Castes, the Scheduled Tribes or the general class and cannot be reserved for women in the next succeeding election. It was submitted that the manner in which the allotment of offices of Sarpanch has been made, is such that the reservation continues either for the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes or women and is, therefore, perpetual in nature. It was submitted that reservation by rotation is a constitutional mandate. Article 243D (1) to (4) of the Constitution and proviso thereto, say that reservation for the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes or women has to be by rotation. What rotation means is that if in the previous election, a seat has been reserved for any of the above classes, in the next election, it has to be unreserved. Moreover, reservation in the field of election is different from reservation in the field of education and service. Reference was made to the decision of the Supreme Court in the case of K. Krishna Murthy (Dr.) and others v. Union of India and another, (2010) 7 SCC 202, and more particularly, to paragraphs 8 and 50 to 57 thereof. It was submitted that if by any means, the office of Sarpanch continues to be reserved in the successive elections, then such repetition means that the reservation is perpetual, which frustrates the fundamental principle of rotation. Hence, if the rules are interpreted in such a manner otherwise than as provided as a mandate under article 243D, then it is violative of the constitutional mandate and the delegated legislation, namely, the rules have to be read down to bring them in consonance with the constitutional mandate. Therefore, if the constitution has given a mandate that reservation has to be by rotation and the Supreme Court has interpreted that reservation cannot be perpetual, the rules have to be read in a manner so as to sub-serve the mandate of the Constitution and the statutes.

4.1. It was submitted that if a seat is unreserved, everyone from the general class as well as from the reserved classes can contest the elections because it is a general seat and therefore, if the principle of rotation is interpreted in a manner that once a seat is reserved in one election, in the next election it has to be unreserved, no prejudice is caused to anyone. Thus, the manner in which the offices of Sarpanch have been reserved by the respondents, whereby an office of Sarpanch which was reserved in the earlier election for a particular class, is subsequently, in the next election, reserved for another class, including women, being inconsistent with the constitutional mandate and the provisions of law, requires intervention by this court.

Opposing the petition, Ms. Manisha Lavkumar, learned Government Pleader, submitted that article 243D of the Constitution of India provides for reservation and that the reservation insofar as the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes is concerned is as per the principle of proportional representation, whereas in the case of reservation for women, the same is based upon the principle of adequate representation. Reference was made to the rules to point out that the mode and manner in which the offices of Sarpanch have to be reserved is clearly provided under the rules. It was submitted that the constitution provides for rotation and accordingly, the seats are required to be rotated within each class as well as amongst all classes. The rules are, therefore, framed in a manner that within each class, there is rotation of seats, so that the same class does not occupy the same seat in the next election. It was urged that the lists are operated strictly in accordance with the rules. It was submitted that the legislature has made provisions for adequate reservation for women and that reservation for women has not been questioned, what is questioned is the manner of rotation, which has been done strictly in accordance with the statutory provisions, which provisions are also not subject matter of challenge in this case.

5.1. Reference was made to the decision of the Supreme Court in the case of K. Krishna Murthy (Dr.) v. Union of India (supra) and more particularly, paragraph 80 thereof. Reliance was also placed upon the decision of a Division Bench of this court in the case of Patel Vaktabhai Punjabhai v. State of Gujarat, 2001 (4) GLR 2873, wherein the court was of the opinion that the jurisdiction of the court is barred under the provisions of article 243-O, since the petitioners therein had challenged the validity of the provisions of law relating to the allotment of seats to the Constituencies made under article 243K(4) of the Constitution with respect to the matters relating to or in connection with election to the Panchayats.

5.2. Reliance was also placed upon the decision of the Punjab & Haryana High Court in the case of Pawan Kumar and others v. State of Haryana, AIR 2001 P & H 102, and more particularly, paragraph 18 thereof, wherein the court held that the principle of rotation has been super-scribed on the principle of reservation so as to obviate the possibility of the office of Sarpanch of a particular village either being reserved in perpetuity despite there being a sizeable number of general category voters in the said village or, being not reserved in perpetuity despite there being a sizeable percentage of Scheduled Castes persons in the village. Reference was also made to the decision of the Supreme Court in the case of Union of India v. Rakesh Kumar, (2010) 4 SCC 50.

Ms. Roopal Patel, learned advocate appearing on behalf of the respondent No.2 - State Election Commission adopted the submissions advanced by the learned Government Pleader.

This court has considered the rival submissions advanced by the learned counsel for the respective parties and has perused the decisions cited at the Bar.

In the light of the fact that the respondent authorities have corrected the error in allotment of offices of Sarpanch to different class by giving effect to the provisions of rule 10 and rule 11 of the rules, the grievance with regard to not exhausting of the list of each reserved class for the purpose of allotment of offices of Sarpanch and starting from the beginning of each list after a list is revised on the basis of the last preceding census, no longer survives.

What is now contended before the court is that it is not permissible for the respondents to continue reservation of a particular officer of Sarpanch in the next succeeding election if in the previous election, such office had been reserved for any class, including women. To bolster his submissions, the learned counsel for the petitioners invited the attention of the court to the manner in which allotment of offices of Sarpanch had been made from the years 1996 to 2006 to the reserved classes and the general class. Referring to the reservation in relation to Barbodhan village of Taluka Olpad, District Surat, it was pointed out that in the year 2001, the office of Sarpanch was reserved for the Scheduled Castes; in the year 2006, for the socially and educationally backward classes; in the year 2011, for the general class (women) and in the current year, for the Scheduled Tribes (women). It was submitted that therefore, the office of Sarpanch of Barbodhan village has been perpetually reserved for one class or the other. It was submitted that the reservation of the office of Sarpanch for women in the year 2011 in the general class for the year 2011 and once again for women in the belonging to the Scheduled Tribes in the year 2016, cannot be permitted and that in each alternate succeeding year, the office of Sarpanch has to be unreserved for the general class. In other words, according to the learned counsel, the reservation for the office of Sarpanch for women has to be considered on a par with the reservation for the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes.

Before adverting to the rival submissions, it may be germane to refer to the decision of the Supreme Court in the case of K. Krishna Murthy (Dr.) v. Union of India (supra), on which reliance has been placed by the learned counsel for the petitioners, wherein the court has held thus :

The overarching scheme of Articles 243-D and 243-T is to ensure the fair representation of social diversity in the composition of elected local bodies so as to contribute to the empowerment of the traditionally weaker sections in society. The preferred means for pursuing this policy is the reservation of seats and chairperson positions in favour of Scheduled Castes (SCs), Scheduled Tribes (STs), women and backward class candidates :

Article 243-D(1) and Article 243-T(1) are analogous since they lay down that the reservation of seats in favour of SC and ST candidates should be based on the proportion between the population belonging to these categories and the total population of the area in question. Needless to say, the State Governments are empowered to determine the extent of such reservations on the basis of empirical data such as population surveys among other methods, thereby being guided by the principle of "proportionate representation".

Article 243-D(2) and Article 243-T(2) further provide that from among the pool of seats reserved for SC and ST candidates, at least one-third of such seats should be reserved for women belonging to those categories. Hence, there is an intersection between the reservations in favour of women on one hand and those in favour of SCs/STs on the other hand.

With respect to reservations in favour of women, Article 243-D(3) and Article 243-T(3) lay down that at least one-third of the total number of seats in the local bodies should be reserved for women. On the face of it, this is an embodiment of the principle of "adequate representation". This idea comes into play when it is found that a particular section is inadequately represented in a certain domain and a specific threshold is provided to ensure that this section of the population comes to be adequately represented with the passage of time.

With regard to chairperson positions, Article 243-D(4) and Article 243-T(4) enable the State Legislatures to reserve these offices in favour of SC, ST and women candidates. In the case of panchayats, the first proviso to Article 243-D(4) states that the aggregate number of chairperson positions reserved in favour of SC and ST candidates in an entire State should be based on the proportion between the population belonging to these categories and the total population. With all the chairperson positions at each level of the panchayats in an entire State as the frame of reference, the second proviso to Article 243-D(4) states that one-third of these offices should be reserved for women. The third proviso to Article 243-D(4) lays down that the number of chairperson positions reserved under the said clause would be allotted by rotation to different panchayats in each tier. This rotational policy is a safeguard against the possibility of a particular office being reserved in perpetuity. It is pertinent to note that unlike the reservation policy for panchayats, there are no comparable provisos to Article 243-T(4) for guiding the reservation of chairperson positions in municipalities. This is a notable distinction between the otherwise analogous schemes prescribed in Article 243-D and Article 243-T.

It is also pertinent to take note of Article 243-D(5) and Article 243-T(5), both of which provide that the reservation of seats and chairperson positions in favour of SC and ST categories would operate for the period contemplated under Article 334. It must be stressed here that there is no such time-limit for the reservations made in favour of women, implying that they will operate in perpetuity.

Article 243-D(6) and Article 243-T(6) contemplate the power of the State Legislatures to reserve seats as well as chairperson positions in favour of a "backward class of citizens". Unlike the aforementioned provisions that deal with reservations in favour of SC, ST and women candidates, Article 243-D(6) and Article 243-T(6) do not explicitly provide guidance on the quantum of reservations. In the absence of any explicit criteria or limits, it can be assumed that reservation policies contemplated under Article 243-D(6) will ordinarily be guided by the standard of proportionate representation.

The nature and purpose of reservations in the context of local self-government is different from that in higher education and public employment

Before addressing the contentious issues, it is necessary to examine the overarching considerations behind the provisions for reservations in elected local bodies. At the outset, we are in agreement with Shri Rajeev Dhavan''s suggestion that the principles that have been evolved for conferring the reservation benefits contemplated by Articles 15(4) and 16(4) cannot be mechanically applied in the context of reservations enabled by Articles 243-D and 243-T. In this respect, we endorse the proposition that Articles 243-D and 243-T form a distinct and independent constitutional basis for reservations in local self-government institutions, the nature and purpose of which is different from the reservation policies designed to improve access to higher education and public employment, as contemplated under Articles 15(4) and 16(4) respectively.

Specifically with regard to the unviability of the analogy between Article 16(4) and Article 243-D, we are in agreement with a decision of the Bombay High Court, reported as Vinayakrao Gangaramji Deshmukh v. P.C. Agrawal. That case involved a fact situation where the chairperson position in a panchayat was reserved in favour of a Scheduled Caste woman. In the course of upholding this reservation, it was held as follows : (AIR p. 143, para 4)

"4. ... Now, after the seventy-third and seventy-fourth constitutional amendments, the constitution of local bodies has been granted a constitutional protection and Article 243-D mandates that a seat be reserved for the Scheduled Caste and Scheduled Tribe in every panchayat and clause (4) of the said Article 243-D also directs that 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. Therefore, the reservation in the local bodies like the village panchayat is not governed by Article 16(4), which speaks about the reservation in the public employment, but a separate constitutional power which directs the reservation in such local bodies."

We are of course aware of the fact that some decisions in the past have examined the validity of reservations in local self-government by applying the principles evolved in relation to education and employment.

In this respect, we are in partial agreement with one of the submissions made by Shri M. Rama Jois that the nature of disadvantages which restrict access to education and employment cannot be readily equated with disadvantages in the realm of political representation. To be sure, backwardness in the social and economic sense does not necessarily imply political backwardness. However, the petitioner''s emphasis on the distinction between "selection" (in case of education and employment) and "election" (in case of political representation) does not adequately reflect the complexities involved. It is of course undeniable that in determining who can get access to education and employment, due regard must be given to considerations of merit and efficiency which can be measured in an objective manner. Hence, admissions to educational institutions and the recruitment to government jobs is ordinarily done through methods such as examinations, interviews or assessment of past performance. Since it is felt that the applicants belonging to the SC/ST/OBC categories among others are at a disadvantage when they compete through these methods, a level playing field is sought to be created by way of conferring reservation benefits.

In the domain of political participation, there can be no objective parameters to determine who is more likely to get elected to representative institutions at any level. The choices of voters are not guided by an objective assessment of a candidate''s merit and efficiency. Instead, they are shaped by subjective factors such as the candidate''s ability to canvass support, past service record, professed ideology and affiliations to organised groups among others. In this context, it is quite possible that candidates belonging to the SC/ST/OBC categories could demonstrate these subjective qualities and win elections against candidates from the relatively better-off groups. However, such a scenario cannot be presumed in all circumstances. It is quite conceivable that in some localised settings, backwardness in the social and economic sense can also act as a barrier to effective political participation and representation. When it comes to creating a level playing field for the purpose of elections to local bodies, backwardness in the social and economic sense can indeed be one of the criteria for conferring reservation benefits.

It must be kept in mind that there is also an inherent difference between the nature of benefits that accrue from access to education and employment on one hand and political representation at the grassroots level on the other hand. While access to higher education and public employment increases the likelihood of the socioeconomic upliftment of the individual beneficiaries, participation in local self-government is intended as a more immediate measure of empowerment for the community that the elected representative belongs to.

The objectives of democratic decentralisation are not only to bring governance closer to the people, but also to make it more participatory, inclusive and accountable to the weaker sections of society. In this sense, reservations in local self-government are intended to directly benefit the community as a whole, rather than just the elected representatives. It is for this very reason that there cannot be an exclusion of the "creamy layer" in the context of political representation. There are bound to be disparities in the socio-economic status of persons within the groups that are the intended beneficiaries of reservation policies. While the exclusion of the "creamy layer" may be feasible as well as desirable in the context of reservations for education and employment, the same principle cannot be extended to the context of local self-government.

At the level of panchayats, the empowerment of the elected individual is only a means for pursuing the larger end of advancing the interests of weaker sections. Hence, it would be counter-intuitive to exclude the relatively better-off persons among the intended beneficiaries from the reservation benefits that are designed to ensure diversity in the composition of local bodies. It is quite likely that such persons may be better equipped to represent and protect the interests of their respective communities. We can now attempt to provide answers to the contentious issues.

Thus, the Supreme Court in the above decision, has laid down that article 243-D(1) and 243-T(1) are analogous since they lay down that the reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes candidates should be based on the proportion between the population belonging to these categories and the total population of the area in question. Article 243-D(2) and article 243-T(2) further provide that from among the pool of seats reserved for the Scheduled Castes and the Scheduled Tribes candidates, at least one-third of such seats should be reserved for women belonging to those categories. Hence, there is an intersection between the reservations in favour of women on one hand and those in favour of SC/STs on the other hand. The court in paragraph 64 of the said decision, has held thus:

"64. In the absence of explicit constitutional guidance as to the quantum of reservation in favour of backward classes in local self-government, the rule of thumb is that of proportionate reservation. However, we must lay stress on the fact that the upper ceiling of 50% (quantitative limitation) with respect to vertical reservations in favour of SCs/STs/OBCs should not be breached. On the question of breaching this upper ceiling, the arguments made by the petitioners were a little misconceived since they had accounted for vertical reservations in favour of SCs/STs/OBCs as well as horizontal reservations in favour of women to assert that the 50% ceiling had been breached in some of the States. This was clearly a misunderstanding of the position since the horizontal reservations in favour of women are meant to intersect with the vertical reservations in favour of SCs/STs/OBCs, since one-third of the seats reserved for the latter categories are to be reserved for women belonging to the same. This means that seats earmarked for women belonging to the general category are not accounted for if one has to gauge whether the upper ceiling of 50% has been breached."

In the aforesaid background, if one considers the fact that the reservation for the Scheduled Castes and the Scheduled Tribes as well as the socially and educationally backward classes, can in all be made to the extent of 50% of the total offices of Sarpanch, out of which, 50% are to be reserved for women; and even out of the offices of Sarpanch available for allotment to the general class, 50% of such offices are required to be reserved for women, it is obvious that the total reservation for the Scheduled Castes and the Scheduled Tribes and the socially and educationally backward classes with reservation for women within those classes; plus the reservation for women within the general class, is most likely to exceed 50% of the total number of offices of Sarpanch. If the contention raised by the learned counsel for the petitioners that in each succeeding election, if in the previous election, a seat had been reserved for any class, including women in the general class, in the next election, the same is required to be reserved, were to be accepted, it would not be possible to do so, inasmuch as, if the reservation for women in the general class is considered as a reservation, the total number of reserved offices would exceed 50% and therefore, in every Panchayat, it would not be possible to rotate a general class (general) seat and a reserved class seat, including women in the general class in each alternate election. Moreover, if the contention of the petitioner were to be accepted, it would also not be possible to operate the rules regarding allotment of offices of Sarpanch reserved for the different classes. In this regard, reference to the relevant rules may be made as under:

"4. Manner of Reservation of Offices of Sarpanch.- (l) The reservation of offices of Sarpanch of village panchayats in the State of the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes under clause (a) of sub-section (2) of section 51 of the Act shall be made in the manner specified hereafter.

(2) The offices of sarpanch of village panchayats in at taluka shall be reserved by the State Government for the scheduled castes and the scheduled tribes and the number of the offices of sarpanch at village panchayats in a taluka as so reserved shall bear as nearly as may be, the same proportion to the total number of offices of sarpanch of village panchayats in a taluka as the population of the Scheduled Castes. In the taluka or the Scheduled Tribes in the taluka bears to the total population of the Taluka.

(3) The offices of sarpanch of village panchayats in a taluka shall be reserved by the State Government for the socially and educationally backward classes and the number of offices of sarpanch of village panchayats in a taluka as so reserved shall be ten percent of the total number of offices of sarpanch of village panchayats in a taluka.

Allotment offices of Sarpanch reserved for Scheduled Castes. (1) For the purpose of allotment of the number of offices of sarpanch of village Panchayats of a taluka determined by the State Government as reserved for the Scheduled Castes under rule 4, the State Government shall determine to villages of taluka which consist of population of the Scheduled Castes and such villages of a taluka shall be serially arranged in accordance with the percentage of population of the Scheduled Castes in each village beginning with the village consisting of the highest percentage of the population of the Scheduled Castes and shall be assigned serial numbers as 801, 802 and so on.

(2) The serial number as so assigned shall be known as special serial number or the Scheduled Castes.

(3) The State Government shall first allot the number of offices of sarpanch village panchayats in a taluka reserved for the Scheduled Castes (including one third of such offices reserved for women belonging to the Scheduled Castes), serially to the village bearing special serial numbers for Scheduled Castes by rotation, so however that preference shall be given to allotment of offices of sarpanch reserved for the women.

Allotment of offices of Sarpanch reserved for Scheduled Tribes.(1) For the purpose of allotment of the number of offices of sarpanch of village panchayats of a taluka determined by the State Government as reserved for the Scheduled Tribes under rule 4, the State Government shall determine the village of a taluka which consist of population of the Scheduled Tribes, and such villages of a taluka shall be serially arranged in accordance with the percentage of population of the Scheduled Tribes in each village beginning with the village consisting of the highest percentage of the population of the Scheduled Tribes and shall be assigned serial numbers as ST 1, ST 2 and so on.

(2) The serial numbers as so assigned shall be known as special serial numbers for the Scheduled Tribes.

(3) The State Government shall, after having allotted the offices of sarpanch of village panchayats in a taluka reserved for the Scheduled castes under sub-rule (3) of rule 5, allot the number of offices of sarpanch of village panchayats in a taluka reserved for the Scheduled Tribes (including one third of such offices reserved for women belonging to the Scheduled Tribes) serially to the villages bearing special serial numbers for the Scheduled Tribes by rotation so however that preference shall be given to allotment offices of sarpanch reserved for the women.

Allotment of offices of sarpanch reserved for socially and educationally backward Classes. (1) For the purpose of allotment of the number of offices of sarpanch of village panchayat of a taluka determined by the State Government as reserved for the socially and educationally backward classes under the rule 4, the State Government shall having regard to the decision of the State Government under sub-rule (5) of rule 6 of the Gujarat Village Panchayats Election (Manner of Allotment of Reserved Seats by Rotation) Rules. 1994 determine the village of a taluka which consist of population of socially and educationally backward classes to the extent of more than five percent of the total population of the village and such village of a taluka shall be arranged in accordance with the alphabetical order of the names of village panchayats and shall be assigned serial numbers as SE l SE 2and so on.

(2) The serial numbers as so assigned shall be known as special serial numbers for the socially and educationally backward classes.

(3) The State Government shall after having allotted the offices of sarpanch of village panchayats in a taluka reserved for the Scheduled Castes and the Scheduled Tribes under rules 5 and 6 allot the number of offices of sarpanch of village panchayats in a taluka determined by the State Government under clause (a) of sub-section (2) of section 51 of the Act read with sub-rule (3) of rule 4 as reserved for the socially and educationally backward classes (including one third of such offices reserved for women belonging to the socially and educationally backward classes) serially to the Villages bearing special serial numbers or the socially and educationally Backward classes so however that preference shall be given to allotment of offices of sarpanch reserved for the women.

Allotment of offices of sarpanch to others. The State Government shall, after having allotted offices of sarpanch of village panchayats in a taluka reserved for the Scheduled castes, Scheduled Tribes and socially and educationally backward classes under rules 5, 6 and 7 allot the remaining office of sarpanch of village panchayats in a taluka (including those reserved for women) serially to villages bearing general serial numbers to which offices of sarpanch reserved for the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes are not allotted under rule 5, 6 or 7 so however that preference shall be given to allotment of offices of sarpanch reserved for women to allotment of offices of sarpanch reserved for women other than the women belonging to the Scheduled castes, Scheduled Tribes and socially and educationally backward classes.

Computations of reserved offices of sarpanch for women. - (1) The number of offices of sarpanch of village panchayats in a taluka to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the socially and educationally backward classes shall be derived by dividing the number of offices of sarpanch to be reserved for the Scheduled Castes, the Scheduled Tribes or as the case may, be the socially and educationally backward classes by three.

(2) The remaining number of offices of sarpanch to be reserved for women shall be determined by first deriving the number dividing the total number of offices of sarpanch of village panchayats in a taluka by three and number so derived shall be reduce by the aggregate of the number of offices of sarpanch to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes, under sub-rule (1).

Lists of villages bearing special serial numbers and general serial numbers how operated-In every immediately succeeding election -

(a) the lists of villages bearing special serial numbers for the Scheduled Castes, the Scheduled Tribes or, as the case may be, the socially and educationally backward classes shall -

(i) continue to be operated serially from the special serial number following the special serial number where the allotment of officers of sarpanch reserved for the Scheduled Castes, the Scheduled Tribes or, as the case may be, the socially and educationally backward classes had ended:

(ii) be operated till it is exhausted: and

(iii) be operated from the beginning after it is exhausted.

(b) The list of Villages bearing general serial number shall, in so far as allotment of offices of Sarpanch reserved for the women is concerned, shall

(i) continue to be operated serially from the general serial number following the general number where the allotment of offices of sarpanch reserved for the women, had ended:

(ii) be operated till it is exhausted: and

(iii) be reoperated from the beginning after it is exhausted."

Thus, rule 4 provides for determination of the number of offices of Sarpanch that are required to be reserved for the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes. Rule 5 of the rules provides for the manner in which such offices as are reserved for the Scheduled Castes under rule 4 are required to be allotted. Under rule 5, each village is required to be given a special serial number beginning with the village consisting of the highest population of the Scheduled Castes. The offices of Sarpanch are thereafter required to be allotted serially to the village bearing special serial numbers for the Scheduled Castes by rotation, so however that preference shall be given to allotment of offices of Sarpanch reserved for the women. Similarly, a list of villages has to be prepared for the Scheduled Tribes beginning with the village consisting of highest population of Scheduled Tribes. Thereafter, once the offices of Sarpanch are allotted to the Scheduled Castes, rule 6 of the rules comes into operation and the State Government is required to allot the offices of Sarpanch reserved for the Scheduled Tribes, serially to the villages bearing special serial numbers for the Scheduled Tribes by rotation, so however, that preference shall be given to allotment of offices of Sarpanch reserved for the women. After reservation of offices of Sarpanch for the Scheduled Castes and the Scheduled Tribes based upon the lists prepared for the said classes, 10% of the total number of offices of Sarpanch of the village panchayats in the taluka are required to be allotted to the socially and educationally backward classes. Even within that class, preference is required to be given to the allotment of offices of Sarpanch reserved for women. After allotting the offices of Sarpanch in the village panchayats in a taluka for the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes under rules 5, 6 and 7 of the rules, rule 8 of the rules comes into operation and the remaining offices of Sarpanch of village panchayats in a taluka (including those reserved for women) are required to be allotted serially to villages bearing general serial numbers to which offices of Sarpanch reserved for the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes are not allotted under rules 5, 6 or 7, so however, that preference shall be given to allotment of offices of Sarpanch reserved for women to allotment of offices of Sarpanch reserved for women other than the women belonging to the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes. It is after all the above offices of Sarpanch are allotted, that the remaining offices are required to be allotted to the general class (general). Therefore, the lists operate in their own manner within each class and the offices of Sarpanch are required to be allotted in terms of each rule and accordingly, it would not be possible to operate the lists in the manner, as put forth by the learned counsel for the petitioners, namely, that once an office of Sarpanch is reserved for any class, in the next election, it has to be unreserved, viz. allotted to the general class (general). As noticed earlier, the relevant rules under which offices of Sarpanch are reserved and allotted are not subject matter of challenge in the petition. Under the circumstances, the contention raised by the learned counsel for the petitioners, being clearly contradictory to the statutory scheme as noticed herein above, does not merit acceptance. The respondents having allotted the offices of Sarpanch in consonance with the relevant rules in this regard, such allotment cannot be said to suffer from any legal infirmity so as to warrant interference.

For the foregoing reasons, the petition fails and is, accordingly, dismissed. Notice is discharged with no order as to costs. Interim relief granted earlier stands vacated.