Kanchan Mala Tirkey, wife of Md. Asir Alam @ Asir Sheikh v. Union of India, through the Chief Election Commissioner of India
2020-01-14
SANJAY KUMAR DWIVEDI
body2020
DigiLaw.ai
JUDGMENT : Heard Mr. Abdul Wahab, the learned counsel for the petitioner and Ms. Sweta Kumari, the learned AC to GP-IV appearing for the respondent-State. 2. The petitioner has preferred this writ petition for a direction to declare Madhya Narayanpur Panchayat of District Sahibganj as reserved seat for Schedule Tribe as per the provisions contained under section 4(g) of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act, 1996). 3. The learned counsel appearing for the petitioner submits that the petitioner is permanent resident residing within the village Panchayat Madhya Narayanpur in the District of Sahibganj belongs to the Scheduled Tribe and Madhya Narayanpur Panchayat to be reserved for Scheduled Tribe under the provision as the petitioner belongs to S.T. community as per the provision contained under section 4(g) of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act, 1996) by which the post of Chairman at all level of Panchayat be reserved for Scheduled Tribe in scheduled area and the said Madhya Narayanpur panchayat has been kept in general category though the petitioner being a scheduled tribe is residing within the said Panchayat and therefore the said Panchayat be reserved for scheduled tribe. It transpires from the counter-affidavit filed on behalf of the respondent-State that admittedly Panchayat Madhya Narayanpur in the District of Sahibganj has been kept for general category being the area full of minority community of muslim religion as reported by the Chief Electoral Office of the State of Jharkhand. The petitioner claims to be the only scheduled tribe community resident. Accordingly, she needs to file a representation on the basis of documents in proof of her residence, caste and voter-list before the Chief Electoral Officer of the State of Jharkhand to declare Panchayat Madhya Narayanpur in the District of Sahibganj as reserved for scheduled tribe for Panchayat Election according to the provisions as contained in section 4(g) of the Panchayats (Extension to the Scheduled Areas) Act, 1996. Only on the recommendation of the Chief Electoral Officer of the State of Jharkhand, the State Government can act upon with regard to the prayer of the petitioner. 4.
Only on the recommendation of the Chief Electoral Officer of the State of Jharkhand, the State Government can act upon with regard to the prayer of the petitioner. 4. In that view of the matter, the petitioner is directed to make representation before the Chief Electoral Officer of the State of Jharkhand to this effect who will decide the claim of the petitioner in accordance with law within a period of 8 weeks from the date of receipt/ production of a copy of this order. 5. With the above observation and direction, the instant petition being W.P.(C) No.5303 of 2015 stands disposed of.