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9. Based on these recommendations, The Panchayats (Extension to the Scheduled Areas) Act, 1996 [hereinafter `PESA'] was passed by the Parliament in 1996. The statement of Objects and Reasons of the PESA Act reads as follows:

"There have been persistent demands from prominent leaders of the Scheduled Areas for extending the provisions of Part IX of the Constitution to these Areas so that Panchayat Raj Institutions may be established there. Accordingly, it is proposed to introduce a Bill to provide for the extension of the provisions of Part IX of the Constitution to the Schedule Areas with certain modifications providing that, among other things, the State Legislations that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources; .... The offices of the Chairpersons in the Panchayats at all levels shall be reserved for the Scheduled Tribes; the reservations of seats at every Panchayat for the Scheduled Tribes shall not be less than one-third of the total number of seats."

Section 55(B) - Reservation for Posts of Adhyaksha and Upadhakshya in Zila Parishad (In scheduled area) -

The post of Adhyaksha and Zila Parishads in scheduled areas shall be reserved for the members of the scheduled tribes.

12. In the High Court of Jharkhand, several writ petitions were filed to challenge the constitutional validity of the PESA Act, 1996 and certain other provisions of the Jharkhand Panchayat Raj Act, 2001. With regard to the PESA, the main challenge was directed against the second proviso to Section 4(g) whereby all the seats of Chairpersons of Panchayats at all three tiers in Scheduled Areas are to be reserved in favour of Scheduled Tribes. The petitioners before the High Court had contended that since every eligible individual has a right to vote and the right to contest elections for the seats and Chairperson positions in panchayats, the cent per cent reservation of Chairperson positions in favour of STs would curtail the rights of candidates other than those belonging to the ST category.

"..So far as 2nd proviso to clause (g) of Section 4 of PESA Act, 1996 is concerned, by such provision of the seats of Chairpersons of Panchayats at all levels in the scheduled areas have been reserved for the Scheduled Tribes. In view of the aforesaid proviso to clause (g) of Section 4 of PESA Act, 1996, the State Government while enacted Jharkhand Panchayat Raj Act, 2001 in regard to the scheduled areas, all seats of Chairpersons of Panchayats at all levels have been reserved for Scheduled Tribes vide Section 21 (B), Section 40(B) and Section 55 (B) of the Act, 2001. It has already been held that cent-percent reservation of the offices and seats of Chairpersons cannot be made, being excessive, unreasonable and against the principles of equality i.e. violative of Article 14 of the Constitution of India. By the aforesaid provisions cent-percent reservation of seats of Chairpersons of Panchayats at all levels in scheduled areas having been made, they cannot be upheld, being unconstitutional. Accordingly, the 2nd proviso to clause (g) of Section 4 of PESA Act, 1996, Section 21 (B), Section 40 (B) and Section 55 (B) of Jharkhand Panchayat Raj Act, 2001 so far cent percent reservation of seats of Chairpersons of Panchayats at all levels in favour of Scheduled Tribes is concerned, are hereby declared unconstitutional and ultra- vires."

15. It should be kept in mind that apart from relying on the earlier decision, the High Court did not state any specific reason for striking down the second proviso to Section 4(g) of the PESA Act, 1996 as well as Sections 21 (B), 40 (B) and 55 (B) of the JPRA Act, 2001 by holding these provisions to be unconstitutional. The only reason given by the High Court was that cent per cent reservation of the offices of Chairpersons is excessive, unreasonable and against the principles of equality. It may also be noted that the Bhuria Committee Report had recommended that the Chairman and Vice-Chairman of Panchayats should belong to Scheduled Tribes. This recommendation was accepted by the Union Government and the PESA Act, 1996 was enacted to give effect to the same. The Parliament has conferred such special reservation on account of the pivotal role of the Chairperson in a Panchayat. It must have been felt that if the Chairperson positions are occupied by non-tribal persons in Scheduled Areas, there is no guarantee that such persons will account for the special interests of the Scheduled Tribes.