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Judgment
Jyotsna Rewal Dua, J
Prayer in this petition is for quashing the notification dated 16.12.2020 issued under Section 125 of Himachal Pradesh Panchayati Raj Act read with
Rules 28 & 87 of H.P. Panchayati Raj (Election), to the extent Gram Panchayat Dilman, Development Block Pacchad, District Sirmour, H.P., has
been reflected as reserved for members belonging to Scheduled Caste category (open) in ensuing Elections 2020Â2021 to the Panchayati Raj
institutions in the State.
Learned Senior Counsel for the petitioner contends that the concerned Gram Panchayat had been continuously reserved from 1995 onwards and,
therefore, in this election, it is required to be kept open for male members belonging to General Category. Giving further details, learned Senior
Counsel submits that the concerned Gram Panchayat was reserved for Scheduled Caste Category in 1995 elections, for women belonging to
unreserved category in 2000, for women belonging to Scheduled Caste Category in 2005, for women belonging to Scheduled Caste Category in 2010,
for women belonging to General Category in 2015, and in ensuing 2020Â21 elections it has been reserved as Scheduled Caste (open). This, according
to learned Senior Counsel amounts to denial of opportunity of fair representation to the male members belonging to General Category.
Learned Advocate General submitted that as per the amended provisions of H.P. Panchayati Raj Act and Rules framed thereunder, Election year
2010 has been taken as the base year for implementation of Election Reservation Roster. Therefore, it is only thereafter that the Election Reservation
Roster is to be rotated and has accordingly been rotated in accordance with applicable provisions of H.P. Pachayati Raj Act 1994 and the H.P.
Panchayati Raj (Election) Rules. By applying the Election Reservation Roster inÂconsonance with the principle of rotation envisaged under the Act
and Rules, the post of Pradhan in the concerned Gram Panchayat has been reserved for the members belonging to Scheduled Caste Category (open)
in ensuing elections to Panchayati Raj institutions.
No legal and cogent argument in support of plea raised in the writ petition has been advanced with respect to the prayers made in the writ petition.
Petitioner has failed to substantiate the plea of Election Reservation Roster having been wrongly applied to the seat in question or that the seat was
essentially required to be kept open for General Category. Accordingly we do not find any merit in the instant petition and the same is dismissed. The
parties are left to bear their own costs.
Pending application(s), if any, shall also stand disposed of.