Plea For Reserving Chairman Post Of Town Panchayat For Scheduled Tribes: Madras High Court Issues Notice To SEC

The Madurai Bench of Madras High Court has issued notice to the State Election Commission on a plea seeking reservation of the Chairman Post of a town panchayat for Scheduled Tribes.

A Division Bench of Justices Pushpa Sathyanarayana and P. Velmurugan has adjourned the matter to 15th February so that the counsel appearing for the State Election Commission can get instructions in the meantime.

The public interest litigation filed by K.Veeraputhran, a person belonging to the Hindu Kattu Nayakar community, challenged the Government Order of Municipal Administration and Water Supply (Election Department) dated 17.01.2022 that allocated the Chairman Post of Paravai Town Panchayat to General Category.

It is the contention of the petitioner that the chairman post of the town panchayat that has 15 wards was reserved for Scheduled Tribes by Additional Chief Secretary via another order in 2016.

The petitioner counsel, Advocate R. Karunanidhi, further argued that Scheduled Tribes couldn't avail the benefit of the Government Order since the local body election was cancelled in 2016 and postponed indefinitely until they were notified recently. Though the petitioner made various representations to the competent authorities including State Election Commission and Madurai District Collector, no favourable response was received by him.

The petitioner further stated that the respondent authority is going against their own previous order without affording the Scheduled Tribes an opportunity before passing the impugned order.

Therefore, the petitioner contends that the order was passed by disregarding Articles 243-D and 243-T of the Indian Constitution. Reference is also made to Section 3-W of Tamilnadu Municipalities Act, 2020 which mandates that seats must be reserved for Scheduled Castes or Scheduled Tribes in every town Panchayat.

Section 3-W further adds that 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 in that town panchayat as the population of Scheduled Castes or Scheduled Tribes in that area. The petitioner argues that the Government Order has been passed in contravention of this provision.

The petitioner counsel also spoke about violation of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006.

The petitioner also alleged a contravention of Article 16 (4B) of the Constitution that talks about carrying forward the unfilled vacancies that are reserved to any succeeding year as a separate class.

Based on the above grounds, the petitioner has sought an interim stay on the Government Order dated 17.01.2022. The final relief sought by the petitioner is to reserve the Chairman Post of Paravai Town Panchayat for Scheduled Tribes in the upcoming 2022 Local Body Polls.

Case Title: Veeraputhiran. K v. Secretary to Government & Ors.

Case No: WP(MD)/1801/2022