Allahabad High Court Grants Last Opportunity To UP Govt To Submit OBC Commission Report On Panchayat Reservation
On Thursday, a vacation bench of the Allahabad High Court granted last opportunity to Uttar Pradesh Government to submit the OBC Commission report on OBC reservations on the post of Gram Pradhan and Members of the Gram Panchayat. Petitioner approached the High Court against orders passed by the respondents under Section 12(3-A) of the Uttar Pradesh Panchayat Raj Act, 1947 which was held to be...
On Thursday, a vacation bench of the Allahabad High Court granted last opportunity to Uttar Pradesh Government to submit the OBC Commission report on OBC reservations on the post of Gram Pradhan and Members of the Gram Panchayat.
Petitioner approached the High Court against orders passed by the respondents under Section 12(3-A) of the Uttar Pradesh Panchayat Raj Act, 1947 which was held to be in violation of Article 243E and 243K of the Constitution of India by a Division Bench of the High Court in Pram Lal Patel vs. State of U.P.
Petitioner further sought a writ of mandamus to respondent to place on record the schedule for time bound completion of the entire three tier Panchayat election.
The State counsel submitted that an OBC Commission had been appointed by the State to determine the aspects of OBC reservation in Gram Panchayat elections and until the report was submitted, Gram Panchayat elections cannot be held.
Counsel appearing on behalf of State Election Commission submitted that the due to the exercise of the OBC Commission and the stand of the state, it was not being provided the machinery by the State to conduct Gram Panchayat elections.
Observing that no report had been submitted by the OBC Commission despite orders of the High Court in other matters, Justice Siddharth Nandan observed,
“as a last opportunity to the State Government, they are permitted to file a detailed affidavit bringing on record the report of the O.B.C. Commission, if any, and other details, clearly disclosing the time frame, in which, the elections shall be held..."
The case is directed to be listed on July 13.
Case Title: Arvind Rathore v. State Of U.P. And 3 Others
Appearances: Pawan Kumar Shukla, Advocate holding brief of Imtiaz Husain, counsel for the petitioner, Satendra Kumar Singh, counsel appearing on behalf of respondent no.4 and Additional Chief Standing Counsel on behalf of respondent nos.1 to 3