Judgment :- K.S. Radhakrishnan, Ag. C.J. Common questions arise for consideration in both the Writ Petitions. Learned single Judge by order dated 4.11.2005 has referred these matters to the Division Bench since it requires an authoritative pronouncement on the question raised. 2. Writ Petition was preferred seeking a declaration that the reservation of President ship of Pulppatta Grama Panchayat in favour of women is illegal and unreasonable. Further declaration is also sought that there cannot be any successive reservation of the Presidentship of the Panchayat either in favour of SC/ST or Women and that if the office of the Presidentship is reserved either for SC/ST or Women in the previous election in the succeeding election the Presidentship should be ear-marked for general category candidates. First petitioner in W.P.C.No.28924 of 2005 was a candidate in the election held on 26.09.2005 from Ward No. 13 (palackathodu) and the second petitioner was a candidate from Ward No. 18 (Cheruputhur) to the election to the Pulppatta Grama Panchayat and the result of which was declared on 27.09.2005 and they were elected as Members to represent Ward Nos. 13 and 18 respectively. During the year 2001 when the previous election was held for election members of Panchayat the post of President was reserved for Scheduled Caste and during the present election, the Presidentship was notified for women. Successive reservation, according to the petitioners, is in total violation of the statutory provisions contained in S.53 of the Panchayat Raj Act. Petitioners have pointed out that sub-s.(3) of S.153 stipulates that only the one-third of the total number of offices of President of Village Panchayath, Block Panchayath and District Panchayath in the State can be reserved for SC/ST and women. It is pointed out that as far as election to the Pulpatta Grama Panchayath is concerned, during the previous term the office of the President was exclusively reserved for Scheduled Castes and in the present election also it was reserved exclusively for women, which according to the counsel, is, violative of the fundamental right guaranteed to the petitioners. Reliance was placed on the decision of this court in Suresh v. State of Kerala (2000 (3) KLT 159).
Reliance was placed on the decision of this court in Suresh v. State of Kerala (2000 (3) KLT 159). Counsel submitted that in terms of the statutory provisions contained in the Panchayath Raj Act if the office of the President of the Panchayat was a reserved one it cannot be considered for reservation, in favour of another group in the next election. 3. On behalf of the State Election Commission statement has been filed on 23.8.2005 in W.P.C.No.25782 of 2005 and on 30.10.2005 in W.P.C.No.28924 of 2005. It is stated in the statement that in the year 2000 after excluding the one third Panchayats which were reserved for women, another one-third Panchayats were reserved for women. Thus two-third of the Panchayats were brought within the ambit of reservation for women under Art. 243-D (4) and S.153 of the Kerala Panchayat Raj Act. Further it is stated that one-third of the Panchayats, not so reserved for women were to be reserved for women for the general election for the year 2005. Reference was made to G.O.(Ms).No.2.27/2005/LSGD dated 5.8.2005 which has reserved 296 offices of President of Panchayats for women (general), 33 for scheduled caste women; 4 for scheduled tribe women and 65 for scheduled caste, 7 for scheduled tribe and the total reservation for women is 296 + 33 + 4 = 333. It is stated that on the basis of the Government Order, Commission has to reserve 333 offices or President of Panchayats for women this term. Commission therefore exempted the Panchayats, the office of President whereof were reserved for women in the years 1995 and 2000. The other Panchayats not reserved for women in the years 1995 and 2000 were reserved for women this year. Further it is also stated that those Panchayats not so reserved in .the years 1995 and 2000 were not sufficient since 333 offices of President of Panchayats nave to be reserved for women. Under such circumstances, it is pointed out that the Commission has not violated the principle of reservation as provided in the Section. 4. Art.243-D of the Constitution provides for reservation of seats and 243-D(4) deals with reservation of offices of the Chairpersons in the Panchayats at the village or any other level for the Scheduled Castes, Scheduled Tribes and women. Article 243-D is extracted below for easy reference.
4. Art.243-D of the Constitution provides for reservation of seats and 243-D(4) deals with reservation of offices of the Chairpersons in the Panchayats at the village or any other level for the Scheduled Castes, Scheduled Tribes and women. Article 243-D is extracted below for easy reference. 243-D. Reservation of seats. (1) Seats shall be reserved for- (a) the Scheduled Castes; and (b the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be the same proportion to the total number of-seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total Population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to-the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) 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: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the’ total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State. Provided also that the number of offices reserved under the clause shall be allotted by rotation to different Panchayats at each level.
Provided also that the number of offices reserved under the clause shall be allotted by rotation to different Panchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of office of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in Art.334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens. Art.243-D(4) states that offices of the 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. Second proviso to Art. 243-D(4) stipulates that not less than one third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women. 5. S.153 of the Kerala Panchayat Raj Act deals with election of President and Vice President, is extracted below. 153. Election of President and Vice President-- (1) In every Panchayat there shall be a President and a Vice President elected from among the elected members of that Panchayat in accordance with the provisions of this Act and the President shall be full time functionary of the Panchayat. (2) On the constitution of a Panchayat or on its reconstitution under any provision of this Act; there shall be called a meeting by the Returning Officer referred to in sub-s. (6) for the election of its President and Vice President from among the elected members of the Panchayat. (3)(a) The offices of President of Village Panchayats, Block Panchayats and District Panchayats in the State shall be reserved by the Government for the Scheduled Castes and the Scheduled Tribes and the number of the offices of President reserved for Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in the State shall bear, as nearly as may be, the same proportion to the total number of offices of President at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State.
(b) (i) One third each of the total number of offices of President of Village Panchayats, Block Panchayats and District Panchayats in the State reserved under Clause (a); and (ii) One third each of the total number of offices of President of Village Panchayats, Block Panchayats and District Panchayats in the State, not so reserved, shall be reserved by the Government for women. (4)(a) The offices of the President reserved under sub-section (3) shall be allotted to every level of the Panchayat in the different districts by the State Election Commission by notification in the Gazette. (b) In the case of Block Panchayats and Village Panchayats the reserved seats for the Scheduled Castes and Scheduled Tribes shall be allotted proportionate to their population in the respective districts. (c) In the case of Village Panchayat, the reserved seats in each district shall be distributed among the Village Panchayats within the area of the various Block Panchayats in the district. (d) Before issuing notification for general election the State Election Commission shall allot by rotation the reserved seats under Cls. (a), (b) and (c) and the rotation shall start from the Panchayat in which the Scheduled Castes, or the Scheduled Tribes or women have the largest percentage of population and so on. Provided that where the Panchayat the office of President of which is to be reserved for women and the Scheduled Castes and Scheduled Tribes is one and the same, in so reserving the office of President, preference shall be given to the Scheduled Castes or Scheduled Tribes and in lieu, the office of the President in the Panchayat next having their largest, percentage population of women shall be reserved for women; Provided further that in Panchayats the office of President of which is reserved for the Scheduled Caste or Scheduled Tribes, those in which the women have the more percentage of population of women shall be reserved for women belonging to them: Provided also that the office of President of any Panchayat shall be reserved for the Scheduled Caste or Scheduled Tribes or women belonging to them only if at least one constituency of that Panchayat is reserved for that category. Clause 3(b)(ii) of S.153 states that one, third each of the total number of offices of President of Village Panchayats, Block Panchayats and District Panchayats in the State, not so reserved, shall be reserved by the Government for women.
Clause 3(b)(ii) of S.153 states that one, third each of the total number of offices of President of Village Panchayats, Block Panchayats and District Panchayats in the State, not so reserved, shall be reserved by the Government for women. Government order dated 5.8.2005 has reserved 296 offices of the President of Panchayats for women (general), 33 for scheduled caste women, 4 for Scheduled, tribe women and 65 for scheduled caste, 7 for scheduled tribe, totalling the reservation for women is thus 333. Under S.153.(4)(d) the allotment of reserved seats by rotation has to be made by the State Election Commission. On the basis of the government order referred to above, Commission has reserved 333 offices of President of Panchayats for women. The Commission therefore exempted the Panchayats, the office of the President whereof were reserved for women in the years 1995 and 2000. The other Panchayats which were not so reserved for women in the year 1995 and 2000 were reserved for women this year. The Commission noticed that those Panchayats not so reserved in the year 1995 and 2000 were not sufficient since 333 offices of President of Panchayats have to be reserved for women as per Art. 243-D (4) and S.153 of the Kerala Panchayat Raj Act. Therefore on the basis of the percentage of population of workmen in the Panchayats which came under reservation for different category have been reserved for women in the year 2005. Further it is also noticed that since Panchayats, the office of President whereof were not reserved for women during the previous election were not sufficient to carry out the constitutional mandate of 33% reservation for women, the office of President of Pulpatta Grama Panchayat was reserved for women on the basis of the percentage of population of women in the Panchayat as per the 2001 census. 6. We are, of the view above, mentioned procedure is in conformity with the constitutional principle so as to achieve the object of reservation of Women as enshrined in Art.243-D of the Constitution and S.153 of the Kerala Panchayat Raj Act. We therefore find no infirmity in reserving the office of the Pulppatta Grama Panchayat to women to achieve constitutional objective. Writ Petitions lack merits and they are accordingly dismissed.