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1 - 5 of 5 (0.81 seconds)Kunju Muhammed @ Khumani & Anr vs State Of Kerala on 11 August, 2003
"Clause 3(b)(ii) of S.153 states that one third each of the total
number of offices of President of Village Panchayats, Block
Panchayats and District Panchayats in the State, not so reserved,
shall be reserved by the Government for women. Government order
dated 5.8.2005 has reserved 296 offices of the President of
Panchayats for women (general), 33 for scheduled caste women, 4
for scheduled tribe women and 65 for scheduled caste, 7 scheduled
tribe, totalling the reservation for women is thus 333. Under S.153
(4)(d) the allotment of reserved seats by rotation has to be made by
the State Election Commission. On the basis of the government
order referred to above, Commission has reserved 333 offices of
President of Panchayats for women. The Commission therefore
exempted the Panchayats, the office of the President whereof were
reserved for women in the years 1995 and 2000. The other
Panchayats which were not so reserved for women in the year 1995
wpc 24760/2010 8
and 2000 were reserved for women this year. The Commission
noticed that those Panchayats not so reserved in the year 1995 and
2000 were not sufficient since 333 offices of President of Panchayats
have to be reserved for women as per Art.243-D(4) and S.153 of the
Kerala Panchayat Raj Act. Therefore, on the basis of the
percentage of population of women in the Panchayats which
came under reservation for different category have been
reserved for women in the year 2005. Further it is also noticed
that since Panchayats, the office of President whereof were not
reserved for women during the previous election were not sufficient
to carry out the constitutional mandate of 33% reservation for
women, the office of President of Pulpatta Grama Panchayat was
reserved for women on the basis of the percentage of population of
women in the Panchayat as per the 2001 census."
Union Of India vs Rakesh Kumar & Ors on 12 January, 2010
Various proceedings
issued by the State Election Commission are produced as Annexures A to
D. Reliance is also placed on the recent decision of the Apex Court in
Union of India and others v. Rakesh Kumar and others [(2010) 4 SCC
50].
Section 153 in Kerala Panchayat Raj Act, 1994 [Entire Act]
Section 153 in Kerala Municipality Act, 1994 [Entire Act]
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