Prayer
Petition under Article 226 of The Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to provide reservation allotment and announcement of reserved constituencies for women SCs & STs in all Vice Chairman/Vice President posts in the Local bodies and Municipalities and Chairman for standing committees according to 33% reservation to women and 22.5% reservation to SCs & STs pursuant to my representation dated 23.09.2011 and forbear the respondents from conducting the election to all Vice Chairman/Vice President posts in the Local bodies and Municipalities and Chairman for standing committees till the reservation streamlined.
ORDER
D.MURUGESAN, J.
1. The petitioner is a practicing Advocate of this Court. He has filed this pro bono publico petition seeking for a direction to the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai and the Chief Election Commissioner, Tamil Nadu State Election Commission, Chennai to provide reservation allotment and announcement of reserved constituencies for women Scheduled Castes & Scheduled Tribes in all Vice Chairmen/Vice Presidents posts in the local bodies and municipalities and Chairmen for standing committees according to 33% reservation to women and 22.5% reservation to Scheduled Castes & Scheduled Tribes pursuant to his representation dated 23.09.2011 and to forbear the respondents from conducting the election to all Vice chairmen/Vice Presidents posts in the local bodies and municipalities and Chairmen for standing committees till the reservation is streamlined. According to the petitioner, the elections to the posts of Mayors, Councillors for various Corporations, District Panchayats & Panchayat Unions, Chairpersons for District Panchayats and Panchayat Unions, Ward Members for Town Panchayats, Municipalities and Village Panchayats, Presidents and Ward Members for Village Panchayats were notified to be held on 17th and 19th of October, 2011. As against the 13,603 local body posts and constituent committees, no reservation to the Scheduled Castes/ Scheduled Tribes and women was provided. In terms of Article 46 of the Constitution of India, the State shall promote with special care the educational and economic interests of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. In terms of the Tamil Nadu Women Reservation Act, 33 percent reservation should be provided to women in general and 22.5 percent reservation should be provided to Scheduled Castes/Scheduled Tribes as per the Panchayat Raj Act. The failure to provide the reservation for Scheduled Castes/Scheduled Tribes and women would be violative of Article 46 of the Constitution of India. Having noticed the above, he sent a representation by fax dated 23.9.2011 to the State Government and the State Election Commission to provide such reservation. As no action was taken, he has approached this Court by way of the present public interest litigation petition.
2. A counter affidavit has been filed on behalf of the State Government denying the allegations by contending that the reservations for Scheduled Castes/Scheduled Tribes and women were followed in the local body elections. Insofar as Scheduled Castes/Scheduled Tribes, 18+1 percent pattern which is adopted in the State of Tamil Nadu was followed and so far as reservation for women is concerned, it has been substantially complied with. After the arguments were heard and the orders were reserved, the details as to the percentage of reservation followed in the local body elections has also been filed.
3. We have heard Mr.M.Palanimuthu, petitioner in person and Mr.R.Vijayakumar, learned Additional Government Pleader for the State and the respective learned counsel for the other respondents.
4. The following question arises for our consideration: Whether for the posts of Vice Chairmen, Vice Presidents in the local bodies and Chairmen for standing committees, the reservation for Scheduled Castes/Scheduled Tribes and women should be followed as in the case of the Chairmen, Presidents, Members, Councillors in the local bodies?
5. Constitutional mandate: The reservation in India is nothing but a form of affirmative action designed to improve the well being of the under represented communities. It aims to achieve the social and educational status of the underprivileged to take the rightful place in the society. Article 15(1) of the Constitution of India prohibits the State from discriminating any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. However, clause (3) of Article 15 contemplates that nothing in the above article shall prevent the State from making any special provision for women and children. Clause (4) of Article 15 also contemplates that nothing in the article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. In the State of Tamil Nadu, 18+1 percent reservation for Scheduled Castes and Scheduled Tribes is followed in education and employment. Article 46 in Part IV of the Constitution relating to the directive principles of State policy, mandates the State to promote with special care the educational and economic interests of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.
6. Decentralisation: In an era of globalisation, decentralisation is the principal countervailing trend which can ensure that the growth process is pro-poor, pro-women, pro-nature and pro-jobs. On Panchayat Raj, Mahatma Gandhi has said as follows: Every village has to become a self-sufficient republic. This does not require brave resolutions. It requires brave, corporate, intelligent work.....I have not pictured a poverty-stricken India containing ignorant millions. I have pictured to myself an India continually progressing along the lines best suited to her genius. I do not, however, picture it as a third-class or even a first-class copy of the dying civilisation of the West. If my dream is fulfilled, and every one of the seven lakhs of villages becomes a well-living republic in which there are no illiterates, in which no one is idle for want of work, in which everyone is usefully occupied and has nourishing food, well-ventilated dwellings, and sufficient Khadi for covering the body, and in which all the villagers know and observe the laws of hygiene and sanitation. There is nothing inherently impossible in the picture drawn here. To model such a village may be the work of a lifetime. Any lover of true democracy and village life can take up a village, treat it as his world and sole work, and he will find good results.
7. As a first attempt, the Government of India introduced a Constitutional Bill (64th Amendment) in Parliament during July 1989 to confer constitutional status on Panchatyat Raj Institutions. The 73rd and 74th amendments to the Constitution reached a milestone in the process of establishing decentralised administration through local bodies. In fact, the 73rd amendment has played a very important and strong foundation for women in political participation and decision making at the grassroot level by providing one third of the seats as reservation. The amendment was necessitated keeping in mind that in India, women have been given an exalted position in the society and the grama panchayat is the grassroot level democratic institution in each village. By the Constitution (Seventy-third Amendment) Act 1992, Part IX relating to the panchayats was inserted in the Constitution. By that amendment, panchayats at the village, intermediate and district levels and the gram sabhas vested with such powers and functions to be performed were constituted. Article 243-C provides the composition of panchayats enabling the Legislature of the State to make laws, provisions with respect to the composition of panchayats. Clause (2) of Article 243-C contemplates that all the seats in a panchayat shall be filled by persons chosen by direct election from territorial constituencies in the panchayat area and for the said purpose, each panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat area.
8. Article 243-D relates to the reservation of seats and the same reads as under:- 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 further 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: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.
(5) & (6)......
Clause (1) of Article 243-D relating to the reservation of seats for the Scheduled Castes and Scheduled Tribes contemplates two procedures to be adopted for reservation, namely, (1) it 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 (2) such allotment shall be by rotation to different constituencies in a panchayat. The total number of population of Scheduled Castes and Scheduled Tribes in that area has relevance for the total number of seats to be reserved for Scheduled Castes/Scheduled Tribes. However, clause (2) of Article 243-D mandates that out of the above seats reserved for Scheduled Castes/Scheduled Tribes, not less than one-third of the total number of seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. However, as far as the Scheduled Tribes are concerned, it directs the compliance as the case may be. Clause (3) of Article 243-D relates to the rotation to be followed in the succeeding elections. Likewise, clause (4) of Article 243-D relates to the reservation for the Scheduled Castes/Scheduled Tribes and women to the offices of Chairpersons in the panchayats at the village or any other level. Such reservation may be on the basis of the law made by the State. For the purpose of reservation, the State Act, namely, the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointment or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994) contemplates only 18+1 percent of reservation in education and appointment. The above provisions are mandatory in nature and therefore the same should be adopted without any variation. As the reservation for Scheduled Castes and Scheduled Tribes is being followed only in education and employment, it became necessary for the State to bring in a legislation extending the benefit of reservation to the Scheduled Castes and Scheduled Tribes in the local body elections. Equally the State was left to legislate in regard to the reservation to women as well in local body elections earmarking the percentage carved out from the constituencies reserved for the Scheduled Castes and Scheduled Tribes.
9. In terms of the Constitution (Seventy third Amendment) Act, 1992, the Tamil Nadu State Legislature enacted the Tamil Nadu Panchayats Act, 1994. Section 57 of the Act reads thus: 57. Reservation of seats in the office of president, chairman, etc.,--(1) Office of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats, shall be reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bear to the total population of the State.
(1-A) Offices of the presidents of the village panchayats, chairmen of panchayat union councils and chairmen of district panchayats shall be reserved for women belonging to the Scheduled Castes and Scheduled Tribes from among the offices reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes.
(1-D) Offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats in the State shall be reserved for women which shall not be less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of such offices in the State: Provided that the offices reserved under this section, shall be allotted by rotation to different panchayats at each level in such manner, as may be prescribed. (2) Reservation of the offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of the district panchayats, shall be made by the Government or by any officer authorised by the Government in this behalf. (3) & (4).......
10. Article 243-D does not restrict the representation of the Scheduled Castes, Scheduled Tribes and women to various posts like Chairman, President, Member, Councillor, Vice Chairman, Vice President in the local bodies, as it uses the word Chairperson only. In view of entry 5 in List II of the Seventh Schedule to the Constitution, the State Government is competent to enact a law for providing reservation to Scheduled Castes/Scheduled Tribes and women to various posts in the local body elections. By virtue of the said entry, the State is competent for the constitution and conferment of powers on municipal corporations, improvement trust, district boards and other local authorities for the purpose of local self government or village administration. In the wake of the said provision, the State Government enacted the Tamil Nadu Panchayats Act, 1994. Section 57(1) relates to the reservation of seats in the office of presidents of village panchayats, chairmen of panchayat union councils and the chairmen of district panchayats for the Scheduled Castes and Scheduled Tribes. Section 57(1-A), inserted by Tamil Nadu Act 30 of 1995, relates to such reservation to the office of presidents of the village panchayats, chairmen of panchayat union councils and chairmen of district panchayats for women belonging to the Scheduled Castes and Scheduled Tribes from among the offices reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes. Similarly, by the very same Tamil Nadu Act, sub-section (1-D) was inserted, wherein a provision was made to the offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats in the State shall be reserved for women which shall not be less than one third including the number of offices reserved for women belonging to the Scheduled Castes and Scheduled Tribes of the total number of such offices in the State. A proviso was also inserted to the effect that the offices reserved under the said section shall be allotted by rotation to different panchayats at each level in such manner as may be prescribed.
11. Sub-section (2) of Section 57 contemplates that the reservation in terms of Section 57 shall be made by the Government or by any officer authorised by the Government in this behalf. A reading of the provisions of Section 57(1), (1-A) and (1-D) shows that a similar reservation to the posts of chairmen/presidents of the panchayat union councils or village panchayats have been made.
12. In this context, we may also refer to some of the details furnished by the respondents in respect of the reservation made for the Scheduled Castes/Scheduled Tribes and women candidates in terms of Section 57(1), (1-A), (1-D) of the Tamil Nadu Panchayats Act, followed in the elections held to the local bodies and the same are reproduced below:
Details of Reservation effected in 2011 rural local body elections
Rural Population of Tamil Nadu as per 2001 census : 349 lakhs
Scheduled Tribe Population : 5.42 lakhs
Percentage of Scheduled Caste Population : 23%
Total number of Village Panchayats : 12,524
Total number of seats to be reserved for Scheduled Caste Presidents as per the Act (Section 57(1) of Tamil Nadu Panchayats Act, 1994) : 2,880
Actual number of seats allotted for Scheduled Caste Presidents for 2011 election : 3,136
Total number of seats to be reserved for Scheduled Tribe Presidents as per the Act : 125
Actual number of seats allotted for Scheduled Tribe Presidents for 2011 election : 156
Total number of seats to be reserved for women as per the Act : 4,174
Actual number of seats allotted for women for 2011 election : 4,289
The Government of Tamil Nadu has followed the procedure laid down in Section 57 of Tamil Nadu Panchayats Act, 1994 and made the reservation as follows:-
Sl.No.
Offices/ Seats ST (W)
ST (G)
SC (W)
SC (G)
Gene-ral (W)
Gene-ral
Total
1
District Panchayat Chairperson 0
0
3
4
8
16
31
2
Panchayat Union Chairperson 0
4
37
50
103
191
385
3
District Panchayat Ward Member 1
7
61
93
166
327
655
4
Panchayat Union Ward Member 19
45
606
920
1661
3220
6471
5
Village Panchayat President 38
118
1167
1969
3084
6148
12524
6
Village Panchayat Ward Member 311
727
9342
16019
23458
49476
99333
Reservation of seats of Chairpersons of District Panchayats
Sl.No.
Name of the District Category to which Reservation is made 1
The Nilgiris
SC (Women)
2
Perambalur
SC (Women)
3
Vellore
SC (Women)
4
Tiruvannamalai SC (General)
5
Karur
SC (General)
6
Thoothukudi
SC (General)
7
Theni
SC (General)
8
Thanjavur
General (Women) 9
Thiruvarur
General (Women) 10
Kanniyakumari
General (Women) 11
Villupuram
General (Women) 12
Tiruchirapalli General (Women) 13
Dindigul
General (Women) 14
Cuddalore
General (Women) 15
Ariyalur
General (Women) 16
Kancheepuram
General
17
Sivagangai
General
18
Ramanathapuram General
19
Pudukkottai
General
20
Nagapattinam
General
21
Tiruvallur
General
22
Virudhunagar
General
23
Tirunelveli
General
24
Madurai
General
25
Coimbatore
General
26
Erode
General
27
Namakkal
General
28
Krishnagiri
General
29
Dharmapuri
General
30
Salem
General
31
Tiruppur
General
Election 2011
Reservations made to District Panchayat Ward Members Sl. No.
Name of the District ST (W)
ST (G)
SC (W)
SC (G)
General Women
Gene-ral
Total
1
Kancheepuram
0
0
3
6
6
12
27
2
Tiruvallur
0
1
3
4
5
11
24
3
Cuddalore
0
0
4
6
6
13
29
4
Villupuram
0
1
5
9
11
21
47
5
Vellore
0
1
3
6
11
19
40
6
Thiruvannamalai 0
1
3
5
9
16
34
7
Salem
1
1
2
3
7
15
29
8
Namakkal
0
1
2
2
4
8
17
9
Dharmapuri
0
1
1
2
5
9
18
10
Krishnagiri
0
0
1
2
7
13
23
11
Erode
0
0
1
2
6
10
19
12
Tiruppur
0
0
2
2
4
9
17
13
Coimbatore
0
0
1
2
5
9
17
14
The Nilgiris
0
0
1
1
1
3
6
15
Thanjavur
0
0
2
4
8
14
28
16
Nagapattinam
0
0
3
4
4
10
21
17
Thiruvarur
0
0
3
4
3
8
18
18
Tiruchirapalli 0
0
2
3
6
13
24
19
Karur
0
0
1
2
3
6
12
20
Perambalur
0
0
1
1
2
4
8
21
Ariyalur
0
0
1
2
3
6
12
22
Pudukkottai
0
0
2
2
6
12
22
23
Madurai
0
0
2
2
6
13
23
24
Theni
0
0
1
1
3
5
10
25
Dindigul
0
0
2
3
6
12
23
26
Ramanathapuram 0
0
2
2
4
9
17
27
Virudhunagar
0
0
2
3
5
10
20
28
Sivagangai
0
0
1
2
5
8
16
29
Tirunelveli
0
0
2
3
7
14
26
30
Thoothukudi
0
0
2
2
4
9
17
31
Kanniyakumari
0
0
0
1
4
6
11
Total
1
7
61
93
166
327
655
Election 2011
Reservations made to Panchayat Union Chairpersons Sl. No.
Name of the District ST (W)
ST (G)
SC (W)
SC (G)
General Women
Gene-ral
Total
1
Kancheepuram
0
0
2
2
3
6
13
2
Tiruvallur
0
0
2
2
3
7
14
3
Cuddalore
0
0
2
2
3
6
13
4
Villupuram
0
1
2
4
6
9
22
5
Vellore
0
0
2
3
5
10
20
6
Thiruvannamalai 0
1
2
2
4
9
18
7
Salem
0
1
2
2
5
10
20
8
Namakkal
0
1
1
2
4
7
15
9
Dharmapuri
0
0
0
1
3
4
8
10
Krishnagiri
0
0
0
1
4
5
10
11
Erode
0
0
1
0
5
8
14
12
Tiruppur
0
0
1
3
2
7
13
13
Coimbatore
0
0
2
1
3
6
12
14
The Nilgiris
0
0
0
1
2
1
4
15
Thanjavur
0
0
1
2
4
7
14
16
Nagapattinam
0
0
2
2
2
5
11
17
Thiruvarur
0
0
2
2
2
4
10
18
Tiruchirapalli 0
0
1
2
4
7
14
19
Karur
0
0
1
1
2
4
8
20
Ariyalur
0
0
1
1
2
2
6
21
Perambalur
0
0
0
1
1
2
4
22
Pudukkottai
0
0
1
1
4
7
13
23
Madurai
0
0
1
1
4
7
13
24
Theni
0
0
1
1
2
4
8
25
Dindigul
0
0
1
2
4
7
14
26
Ramanathapuram 0
0
1
1
3
6
11
27
Virudhunagar
0
0
1
2
3
5
11
28
Sivagangai
0
0
1
1
3
7
12
29
Tirunelveli
0
0
2
2
5
10
19
30
Thoothukudi
0
0
1
2
3
6
12
31
Kanniyakumari
0
0
0
0
3
6
9
Total
0
4
37
50
103
191
385
Election 2011
Reservations made to Panchayat Union Ward Members Sl. No.
Name of the District ST (W)
ST (G)
SC (W)
SC (G)
General Women
Gene-ral
Total
1
Kancheepuram
0
0
35
57
53
107
252
2
Tiruvallur
0
4
28
44
53
101
230
3
Cuddalore
0
0
35
59
64
129
287
4
Villupuram
2
4
51
87
111
218
473
5
Vellore
2
5
35
54
99
195
390
6
Thiruvannamalai 3
6
32
46
85
169
341
7
Salem
5
9
16
34
83
141
288
8
Namakkal
4
5
15
22
43
83
172
9
Dharmapuri
2
4
11
17
52
102
188
10
Krishnagiri
0
1
14
18
63
125
221
11
Erode
0
2
12
21
54
94
183
12
Tiruppur
0
0
16
23
45
86
170
13
Coimbatore
0
1
14
18
40
82
155
14
The Nilgiris
1
2
8
10
12
26
59
15
Thanjavur
0
0
26
36
71
143
276
16
Nagapattinam
0
0
28
45
46
95
214
17
Thiruvarur
0
0
25
40
36
75
176
18
Tiruchirapalli 0
2
22
27
63
127
241
19
Karur
0
0
10
17
32
56
115
20
Ariyalur
0
0
11
14
29
59
113
21
Perambalur
0
0
9
15
17
35
76
22
Pudukkottai
0
0
18
23
61
123
225
23
Madurai
0
0
18
24
61
111
214
24
Theni
0
0
10
13
27
48
98
25
Dindigul
0
0
21
28
60
123
232
26
Ramanathapuram 0
0
15
20
45
90
170
27
Virudhunagar
0
0
19
27
51
103
200
28
Sivagangai
0
0
12
18
47
84
161
29
Tirunelveli
0
0
24
34
70
138
266
30
Thoothukudi
0
0
16
26
47
85
174
31
Kanniyakumari
0
0
0
3
41
67
111
Total
19
45
606
920
1661
3220
6471
Election 2011
Reservations made to Village Panchayat Presidents Sl. No.
Name of the District ST (W)
ST (G)
SC (W)
SC (G)
General Women
Gene-ral
Total
1
Kancheepuram
0
10
83
152
136
252
633
2
Tiruvallur
2
10
59
102
119
234
526
3
Cuddalore
0
0
84
153
146
300
683
4
Villupuram
4
18
114
209
248
506
1099
5
Vellore
5
13
65
112
185
363
743
6
Thiruvannamalai 7
19
73
129
214
418
860
7
Salem
9
18
26
46
99
187
385
8
Namakkal
6
12
29
45
76
154
322
9
Dharmapuri
3
5
17
26
67
133
251
10
Krishnagiri
1
2
19
29
94
188
333
11
Erode
0
2
18
22
61
122
225
12
Tiruppur
0
0
24
36
70
135
265
13
Coimbatore
0
2
18
28
62
118
228
14
The Nilgiris
0
2
3
7
10
13
35
15
Thanjavur
0
0
49
84
153
303
589
16
Nagapattinam
0
0
54
98
92
190
434
17
Thiruvarur
0
0
56
101
91
182
430
18
Tiruchirapalli 1
2
35
51
103
212
404
19
Karur
0
0
16
22
39
80
157
20
Perambalur
0
0
14
23
27
57
121
21
Ariyalur
0
3
17
29
51
101
201
22
Pudukkottai
0
0
36
57
133
271
497
23
Madurai
0
0
32
51
111
226
420
24
Theni
0
0
13
19
32
66
130
25
Dindigul
0
0
26
39
80
161
306
26
Ramanathapuram 0
0
35
63
112
219
429
27
Virudhunagar
0
0
39
63
114
234
450
28
Sivagangai
0
0
33
52
119
241
445
29
Tirunelveli
0
0
40
54
106
225
425
30
Thoothukudi
0
0
38
64
101
200
403
31
Kanniyakumari
0
0
2
3
33
57
95
Total
38
118
1167
1969
3084
6148
12524
Election 2011
Reservations made to Village Panchayat Ward Members SlNo
Name of the District Total No.of Vill. Pts. Total No.of Vill.Pts.Wards Reservations made for ST (W)
ST (G)
SC (W)
SC (G)
Genl. (W)
Genl
Total
1
Kancheepuram
633
4617
0
14
707
1050
832
2014
4617
2
Tiruvallur
526
3945
6
51
513
798
796
1781
3945
3
Cuddalore
683
5040
1
8
730
1083
949
2269
5040
4
Villupuram
1099
8256
40
96
975
1559
1737
3849
8256
5
Vellore
743
6078
27
60
550
915
1449
3077
6078
6
Thiruvannamalai 860
6207
46
98
538
942
1485
3098
6207
7
Salem
385
3597
77
132
224
436
898
1830
3597
8
Namakkal
322
2595
53
94
220
378
592
1258
2595
9
Dharmapuri
251
2343
22
52
127
255
632
1255
2343
10
Krishnagiri
333
3009
2
19
129
321
872
1666
3009
11
Erode
225
2097
7
16
135
257
557
1125
2097
12
Tiruppur
265
2295
0
0
191
339
574
1191
2295
13
Coimbatore
228
2034
8
19
170
263
500
1074
2034
14
The Nilgiris
35
393
9
19
41
66
81
177
393
15
Thanjavur
589
4569
0
0
386
706
1137
2340
4569
16
Nagapattinam
434
3426
0
0
527
767
615
1517
3426
17
Thiruvarur
430
3180
0
0
501
750
559
1370
3180
18
Tiruchirapalli 404
3408
8
20
236
454
892
1798
3408
19
Karur
157
1401
0
0
128
210
339
724
1401
20
Perambalur
121
1032
1
2
122
188
221
498
1032
21
Ariyalur
201
1662
0
14
138
236
416
858
1662
22
Pudukkottai
497
3807
0
0
233
499
1036
2039
3807
23
Madurai
420
3273
1
2
228
461
862
1719
3273
24
Theni
130
1161
0
1
95
176
292
597
1161
25
Dindigul
306
2772
0
5
219
390
705
1453
2772
26
Ramanathapuram 429
3075
0
0
252
459
773
1591
3075
27
Virudhunagar
450
3372
0
1
295
564
829
1683
3372
28
Sivagangai
445
3126
0
0
187
431
855
1653
3126
29
Tirunelveli
425
3636
2
3
287
524
923
1897
3636
30
Thoothukudi
403
2943
0
0
249
504
732
1458
2943
31
Kanniyakumari
95
984
1
1
9
38
318
617
984
Total
12524
99333
311
727
9342
16019
23458
49476
99333
13. However, the above details are in respect of the reservation to the posts of chairman, president, members and councillors in the local bodies and not in respect of the vice chairman and vice president. Hence, the details could be only considered to the extent as to how the reservation for the Scheduled Castes, Scheduled Tribes and women have been made to those posts/offices alone under the existing provisions.
14. The grievance of the petitioner is that no constituencies were reserved for the Scheduled Castes, Scheduled Tribes and women in the offices of vice chairmen/vice presidents of local bodies and municipalities as well as chairmen of standing committees. Though Part IX of the Constitution of India was inserted by the Constitution 73rd amendment relating to panchayats and particularly insertion of Article 243-D with regard to the reservation of seats for the Scheduled Castes/Scheduled Tribes and women in the local body elections without there being any limitation as to the extension of such reservation only to chairm en/presidents/members/councillors including vice chairmen and vice presidents, the State law has restricted such reservation only to the persons elected by direct election, namely, chairmen, presidents, members and councillors and it had not extended the said reservation to vice chairmen and vice presidents. The relief sought for in the writ petition is for a direction to the State to provide reservation to the posts of vice chairmen and vice presidents as well in the local body elections. Such a direction cannot be issued by this Court in the absence of any statutory provisions. The issue of writ of mandamus is permissible only in the event the authorities who are bound to comply with certain provisions have failed to comply.
15. Nevertheless, a reading of the provisions of Section 57 shows that certain constituencies were reserved only in respect of the posts/offices which are filled by direct election, as the posts of chairmen, presidents, members, councillors in the local bodies are filled by direct election. Perhaps that would be the reason, the Legislature had not made a provision for reservation of constituencies for the Scheduled Castes, Scheduled Tribes and women to the posts/offices of vice chairmen/vice presidents who are not elected directly, but are elected indirectly from amongst the elected members and ward councillors, as the case may be. This being a power conferred on the State in terms of entry 5 of List II of the Seventh Schedule, keeping in mind the object behind the reservation of constituencies proportionately identified not only for the Scheduled Castes and Scheduled Tribes but also women candidates, it is for the State Legislature to consider for inclusion of a provision extending the same reservation to the posts/offices of vice chairmen and vice presidents in the local bodies. We are also aware that in indirect elections, identifying constituencies for Scheduled Castes, Scheduled Tribes and women candidates shall have certain compelling difficulties and for that reason, it is for the Legislature to decide the methodology to be adopted wherever such reservation could be made. Power to legislate vests only with the Legislature and not with the Courts. Nevertheless, procedural difficulties cannot be the reasons anymore to deprive the Scheduled Castes, Scheduled Tribes and women candidates to their share to which they deserve as per the provisions of Part IX of the Constitution of India.
16. In this context, we may also refer to the historic legislation made by the Orissa Government in the year 1991 itself, wherein the Government had made a provision for reservation of constituencies to the Scheduled Castes/Scheduled Tribes and women to the posts/offices of vice chairmen and vice presidents of local bodies with a only restriction that such reservation could be made wherever the post is not already held by the Scheduled Castes/Scheduled Tribes or women belonging to the Scheduled Castes/Scheduled Tribes as the case may be.
17. In view of the above, we only observe that the Government of Tamil Nadu may also bring in such a legislation by making a provision for reservation to the Scheduled Castes/Scheduled Tribes and women to the posts/offices of vice chairmen/vice presidents in the local bodies in the same percentage and method of reservation adopted for the persons elected by direct election, as it would better subserve and improve the unrepresented communities viz., the Scheduled Castes/Scheduled Tribes and more particularly the women belonging to the Scheduled Castes/Scheduled Tribes.
18. This takes us to the next issue as to whether the reservation of 22.5 percent based on the All India pattern viz., 15 percent for Scheduled Castes and 7.5 percent for Scheduled Tribes, or 18 percent of reservation for Scheduled Castes and one percent for Scheduled Tribes as per the State enactment should be followed in the local bodies. At the time of hearing, Mr.M.Palanimuthu, the learned counsel appearing as party in person has fairly submitted that the petitioner would be satisfied in the event a direction is issued for reservation of constituencies to the Scheduled Castes at 18 percent and for the Scheduled Tribes at one percent in the local bodies. The said submission is recorded.
19. As far as the relief of reservation for the post/office of chairmen for standing committees is concerned, again Mr.M.Palanimuthu has fairly submitted that he is not pressing the said relief and would restrict his prayer for a relief of reservation to the posts/offices of vice chairmen/vice presidents for women, Scheduled Castes and Scheduled Tribes as provided to the persons belonging to the Scheduled Castes/Scheduled Tribes and women elected directly. The said submission is also recorded.
20. In fine, we dispose of the writ petition with the above observations. Consequently, M.P.Nos.1 and 2 of 2011 are closed. No costs.