Local Polls: HC Nixes Plea Against 100% ST Quota
The 100 per cent reservation policy was contrary to the constitutional provisions and submitted that there was a respectable size of population belonging to the non-tribal in the scheduled areas: The petitioner society
HYDERABAD: The Telangana High Court dismissed a petition challenging the reservation policy implemented by the government in scheduled areas by determining the aggregate reservations to STs only in the local body elections, especially Sarpanch posts.
The division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin was not inclined to entertain the said petition and also rejected the request of the petitioner to stall the local body elections in the scheduled areas. The bench was dealing with a petition filed by non- tribal welfare society represented by secretary K. Madhu of Kothagudem district.
The petitioner society argued that the 100 per cent reservation policy was contrary to the constitutional provisions and submitted that there was a respectable size of population belonging to the non-tribal in the scheduled areas. The petitioner argues that determining 100 per cent reservation without conducting any survey is arbitrary and illegal.
Government`s stand was that the provisions of Panchayat Extension to Scheduled Areas Act, (PESA) 1996 extends the applicability of Article 243D(4) of Constitution of India to scheduled areas subject to the exceptions and modification provided in Section 4 of PESA Act, 1996. Section 4 of PESA Act, 1996 imposes an obligation that all the Chairpersons (Sarpanchs) should be reserved for STs only.
