HC raps Telangana over BC quota in Panchayat Raj

HYDERABAD: The Telangana high courtroom on Tuesday refused to stick the following Zilla Parishad and Mandal Parishad elections in the state, but assured the BC associations that it will read about the constitutional validity of the modification brought in via the State of Telangana to the Telangana Panchayat Raj Act that allegedly brought down the BC quota.

The Act, previous to the modification was once giving 34 percent reservations to BCs in Panchayat Raj bodies. The State brought on this modification after the Supreme Court judgement that imposed an higher ceiling of 50 in keeping with cent on quotas for SC, ST and BCs. The bench of Acting Chief Justice Raghavendra Singh Chauhan and Justice A Rajasheker Reddy was once listening to a petition filed via Telangana State Backward Classes Welfare Association President Jajula Srinivas Goud who charged the state with lowering the BC quota from 34 percent to an insignificant 2 percent in lots of districts.


Arguing the case of the petitioner senior counsel Okay G Krishna Murthy informed the courtroom that the state was once providing reservations to the SCs and STs in proportion to their inhabitants computed from 2011 Census figures. But in the case of BCs, reservations are equipped to them after apart from the reservations for SCs and STs. What ever is left after satisfying the SC and ST quota, that is being given to the BCs, he stated. Moreover, though there is a route from the high courtroom to enumerate the BC inhabitants prior to holding Panchayat Raj elections, it was once now not finished so far, he stated. We had even filed a contempt case against the concerned officers, however the state did not even report its counter in the matter so far, he stated. counter in the matter.


By greatly lowering the BC quota, the state has been violating the constitutional mandate as equipped below Article 243 D(6) and 243 T(6), he stated. The bench sought counter from the state on a majority of these sides inside 3 weeks. But it refused to stick the election process until then. Article 243 D (6) says that BCs must be given reservations in local bodies, but it did not say anything concerning the quantum of house to be reserved for BCs. This is merely an enabling provision. The factor of ways a lot house must be given to the BCs was once left to the state legislatures, the bench stated. Krishna Murthy informed the bench that the state had brought its personal regulation known as Telangana Panchayat Raj Act duly providing 34 in keeping with cent reservations to BCs. It was once those statutory reservations that the state has diminished through its unconstitutional modification now, the senior counsel stated.


Krishna Murthy cited the example of Zilla Parishad chairman posts. Out of the 32 chairman posts in all of the 32 districts in the state, 6 got to SCs, four to STs and six to BCs, he stated. The state of affairs is way more worse in recognize of ZPTCs and MPTCs where the perentage of quota earmarked for BCs has come down to less than 5 percent, he stated. This is a state where more than 50 percent of the state’s inhabitants are BCs, he stated. The case will come up for listening to after 3 weeks.
HC raps Telangana over BC quota in Panchayat Raj HC raps Telangana over BC quota in Panchayat Raj Reviewed by Kailash on April 16, 2019 Rating: 5
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