Vijay Kumar vs State Of Himachal Pradesh & Others

Jyotsna Rewal Dua, J

Petitioner seeks quashing of notification dated 16.12.2020 whereby post of Member Zila Parishad Bag Pashog District Sirmour, H.P., has been

reflected as reserved for women in ensuing 2020Â​21 elections scheduled to be held for Panchayati Raj institutions in the State.

Learned Senior Counsel for the petitioner contends that the post of member in concerned Zila Parishad had been continuously kept for reserved

category from 2005 onwards and, therefore, in this election, it is required to be kept open for persons belonging to General Category. Giving further

details, learned Senior Counsel submits that the concerned Zila Parishad was reserved for women belonging to Scheduled Castes in 2005 Election, for

women belonging to General category in 2010, for women belonging to Scheduled Castes in 2015 and in 2020 Elections, it has again been reserved for

women. This according to learned Senior Counsel amounts to denial of opportunity of fair representation to the male members of General category.

Learned Advocate General submitted that as per the amended provisions of H.P. Panchayati Raj Act 1994 and H.P. Panchayati Raj (Election) Rules,

year 2010 has been taken as the base year for implementation of Election Reservation Roster. Therefore, Reservation Roster of previous years

elections, is not to be considered. Reservation roster has accordingly been applied & rotated in subsequent elections in accordance with applicable

provisions of H.P. Pachayati Raj Act 1994 and the H.P. Panchayati Raj (Election) Rules. It is by applying the Election Reservation Roster inÂ‐

consonance with the principle of rotation envisaged under the Act and the Rules that the post in question has been reserved for the women in ensuing

elections being conducted for Panchayati Raj institutions. No legal and cogent argument in support of the plea of wrong application & alleged

repetition of Election Reservation Roster with respect to the prayers made in the writ petition has been advanced. The petitioner has failed to

substantiate the plea of Election Reservation Roster having been wrongly applied & rotated to the seat in question or that the seat was essentially

required to be kept for General Category. Accordingly finding no merit in the instant petition, the same is dismissed. The parties are left to bear their

own costs. Pending application(s), if any, shall also stand disposed of.