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preparing, applying and rotating reservation roster for election to PRI.

3. Related Legal Provisions 3(i)(a) Article 243 under Part IX of the Constitution of India pertains to Panchayats. Article 243D provides for reservation of seats in Panchayat elections as under :-

"243D. Reservation of seats (1) Seats shall be reserved for :-

(a) the Scheduled Castes; and

The above consolidated chart makes it crystal clear that in the third elections (2020-2021), while rotating the election reservation roster for the second time, there could be repetition of .

reservation of categories in certain Gram Panchayats.

4(iv) The contention of learned counsel for the petitioner is that Gram Panchayat Khagna in Development Block Chopal, District Shimla, H.P. was reserved for W(G) in 2010 elections and for Scheduled Castes (Open) category in 2015 elections. Keeping this Gram Panchayat reserved once again for W(G) in now scheduled 2020-21 elections, is a clear indicator that respondents are only repeating the election reservation roster and not rotating it in accordance with law. The argument advanced on behalf of the petitioners is that when a Gram Panchayat was reserved for A category in 2010 elections, for B category in 2015 elections, then that Gram Panchayat cannot once again be reserved for A or B category in the third election to be held in 2020-2021. This virtually means repeating the election reservation roster contrary to the principle of rotation of roster envisaged under the Act and Rules. By repetition of election reservation roster for some categories in certain Gram Panchayats, the other categories are denied equal opportunity of representation, which should have been made available to them for the seats in the Gram Panchayats.

Merely because reservation position of previous elections has been repeated in the third election in some of the offices/Gram Panchayats, that would not ipso facto lead to the conclusion that .

election reservation roster is not being rotated as per law. As observed earlier, repetition of reservation by rotation is possible.

Roster cannot be rotated uniformally for different categories.

these matters on number of days to understand the nitty-gritty of rotation of reservation roster covering such situations. Despite continued hearings of these matters for days together, no clear answer with respect to application and rotation of election reservation roster in such changed positions has been provided to us by the State. Learned Advocate General has emphatically tried to submit that even in such a situation, election reservation roster is being applied and rotated in accordance with law. Whereas learned counsel for the petitioners contended that many of the villages/constituents of old Gram Panchayats, after merging in new Gram Panchayats/new Blocks, were being considered in the merged areas with their old tags attached to them, resulting in wrong rotation of election reservation roster, thereby denying them right of representation.