Jammu & Kashmir High Court
Fateh Chand vs State Of J&K &Ors on 30 September, 2019
Author: Dhiraj Singh Thakur
Bench: Dhiraj Singh Thakur
- 1- SWP No.
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP(C) No. 3334/2019
CM No. 6986/2019
Caveat No. 4896/2019.
Fateh Chand .....Petitioner(s)
Through :- Mr. Pawan K. Kundal, Advocate.
V/s
State of J&K &ors. .....Respondent(s)
Through :-
CORAM :
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
ORDER
The dispute in the present petition primarily is with regard to the alleged error committed by the respondents in reserving the constituencies for Scheduled Caste based upon population of various blocks.
It is stated that the blocks having highest number of Scheduled Caste population ought to have been reserved.
With reference to the 2011 Census figures obtained by the petitioner through RTI, it is stated that the Block Bhalwal has only approximately 35,412/- Scheduled Caste population as against 25,146 reflected by the respondents in their Notice No. 02 of 2019 dated 31.7.2019. Secondly, it is stated that Block R.S. Pura has Scheduled Caste population of 61,013 as against 19,547 reflected in the aforementioned Notice dated 31.7.2019.
- 2- SWP No. Additionally, Mr. Kundal urged that in terms of Section 27 of the Jammu and Kashmir Panchayati Raj Act, 1889, the respondents were required to provide for one-third reservation in the reserved constituencies of SC/ST which has not been provided.
It is stated that out of 20 blocks, the share of reservation for Scheduled Caste would come to 7 which is not disputed. However, out of the seven reserved blocks, 33 percent had to be reserved further for SC Women which has not been done in the present case and that only one block namely Pargwal has been so reserved.
Per contra, Mrs. Shekhar, learned Sr. AAG submits that the population Census figures of 2011 were based upon the population calculated on the basis of revenue village as against the population figures of Panchayats which constitutes the blocks.
It is also stated that the reasons why R.S. Pura block is shown to have 19,547 as the Scheduled Caste population is the fact that two blocks, namely, Suchetgarh and Miran Sahib were created within the earlier existing R.S. Pura block. This was done in 2014 vide Govt. Order No. 222-RD&PR of 2014 dated 23.7.2014. It is stated that at that time R.S. Pura had 58 panchayats and population received from census department was village wise.
It is further stated that the population figures remained the same based upon which none else the petitioner himself had contested the elections for the post of Sarpanch. The petitioner is a Sarpanch who was elected from Panchayat Halqa Rangpur Sadhrey, Block R.S. Pura.
- 3- SWP No. Mrs. Shekhar submits that assuming that the argument of the learned counsel for the petitioner is accepted that one more seat has to be reserved for Women in District Jammu, yet no benefit would accrue to the petitioner because he belongs to the R.S. Pura which even otherwise is not reserved and is in the open category and therefore, no benefit at all would accrue to the petitioner being not in PIL.
Counsel for the petitioner states that on account of the discrepancy in the population figures, in fact, R.S. Pura ought to have been reserved instead of Bhalwal.
(Dhiraj Singh Thakur) Judge JAMMU 30.09.2019 NARESH NARESH KUMAR 2019.10.01 14:42 I agree to specified portions of this document