Rajesh Kumar Katwal vs State Of H.P. And Others

Jyotsna Rewal Dua, J

The grievance in this writ petition is to the notification dated 14.12.2020 issued by the respondents under Section 125 of the H.P. Panchayati Raj

Act, 1994 read with Rule 87 of the H.P. Panchayati Raj (Election) Rules, to the extent it keeps the post of Pradhan, Gram Panchayat Bahari,

Development Block Dharampur, District Mandi, for Women in the ensuing 2020-21 elections to Panchayati Raj Institutions in the respondents-State.

The petitioner prays that the post of Pradhan, Gram Panchayat Bahari is required to be kept Unreserved. The only basis for this contention is that

the Gram Panchayat in question was reserved for Women in 2010 elections and in 2015 elections, it was reserved for Women belonging to Scheduled

Caste Category. Therefore, in the ensuing 2020-21 elections, the post in question cannot be again reserved for Women. This, according to learned

counsel, amounts to denial of equal opportunity of fair representation to the members of other categories including General category.

No argument, legal or otherwise, in support of the above contention has been advanced by learned counsel for the petitioner, save and except that the

Gram Panchayat in question had never been kept Unreserved in previous two elections held in 2010 and 2015. Whereas, learned Advocate General

submitted that by applying and rotating the election reservation roster in accordance with the provisions of relevant Statute and Rules framed

thereunder, the Gram Panchayat in question was reserved for Women in 2010 elections, for Women belonging to Scheduled Caste Category in 2015

elections and now in the ensuing 2020-21 elections to Panchayati Raj Institutions, the seat has been kept for Women. In absence of any cogent and

legal rebuttal to the submissions made on behalf of the respondents-State, we find no merit in the instant writ petition and the same is accordingly

dismissed alongwith pending miscellaneous application(s), if any.