Ram Chander Yadav and Others vs The Secretary to Government State of Haryana and Others

V.K. Jhanji, J.—Petitioners who are residents of village Surakhpur, Tehsil Kosli, District Rewari, are seeking a writ in the nature of mandamus directing the respondents to delete the names of Sagar Mal and others i.e. respondents No. 6 to 12 from the electoral roll of village Surakhpur. However, in the prayer clause, the prayer made is that the declaration whereby Ward No. 2 has been reserved as Backward Class Ward, be struck down.

In order to provide for the Constitution of Gram Panchayats, Panchayat Samitis and Zila Parishads for better administration of rural areas and for matters connected therewith or incidental thereto, the State of Haryana enacted the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Act) and the Haryana Panchayati Raj Election Rules 1994 (for short the Rules) which came into force with effect from 22.4.1994 and 24.8.1994 respectively. Government of Haryana vide notification dated 25.8.1994 ordered that the Gram Panchayats in District Rewari shall consist of such number of Panches as mentioned against each in columns 5 to 10 of the Schedule given in the notification. As per notification, Gram Panchayat of village Surakhpur was to consist of eight Panches, out of which six were to be from general category i.e three male and three female and one seat each was fixed for Scheduled Caste and Backward Class candidates. In pursuance of this notification, the S.D.O. (Civil) proceeded to demarcate the Wards and after determining the maximum population of persons belonging to Backward Classes, Ward No. 2 was declared reserved seat for Backward Class.

Petitioners filed objection/appeal before the S.D.O. (Civil) on the ground that Ward No. 2 of village Surakhpur has been declared as reserved seat for Backward Classes even though under law it could be so declared only if their population was 2 per cent or more of the total population in the Sabha area. According to the petitioners, in the village wrong figures were got prepared at the time of ward declaration. They have alleged that the total population of backward classes in the village having population of 1500, is only 19. They thus submitted before the S.D.O. (Civil) that ward No. 2 has been reserved for Backward Classes only in order to deprive the general category voters to elect their representative. The S.D.O. (Civil) vide order dated 22.9.1994 dismissed the objections by stating that the application filed by the petitioners calls into question the validity of electoral rolls duly published by the Election. Office of the Haryana Government which cannot be called into question at this stage. The S.D.O. (Civil) was also of the view that for reservation of Backward Class Ward, minimum population prescribed was 2 per cent of the total population and out of the total population of 1436 in village Surakhpur, 30 persons belong to Backward Class which form more than 2 per cent of the total population of the village.

Mr. U.D. Gour, learned counsel for the petitioner has contended that according to the survey got conducted by the S.D.O. (Civil), the total population of Backward Classes was found to be only 19 out of total population of 1436. He thus contended that if an opportunity had been given to the petitioners, they would have satisfied the S.D.O. (Civil) that Ward No. 2 could not be reserved for Backward Classes. He also contended that the Government has no jurisdiction to issue notification declaring one ward to be reserved for backward classes without determining that their population is 2 per cent or more of the total population of a Sabha area.

In answer to these submissions, the learned counsel for the State submitted that after the notification was issued, the only role ascribed to the S.D.O. (Civil) is to demarcate the wards and to determine the reserved seats for women and members of Scheduled Caste or Backward Class.

Having heard the learned counsel for the parties, 1 am of the view that there is no merit in this petition, Part-II of Chapter III of the Act provides for establishment of Sabha area and constitution of Gram Panchayats. u/s 7 of the Act, the Government is required to issue notification declaring any village or a part of the village or group of contiguous villages with a population of not less than five hundred to constitute one or more Sabha area and in exceptional cases, by reasons to be recorded in writing, the Government may relax the limit of population of 500. The population has to be ascertained on the basis of last preceding decennial census of which relevant figures have been published. The Government is also competent to issue notification for including or excluding any area from the Sabha area. u/s 8 of the Act, the Government is to issue notification to establish a Gram Panchayat in every Sabha area and every Gram Panchayat shall consist of a Sarpanch, six to twenty Panches and Up-Sarpanch. Section 9 of the Act provides for reservation of seats in Gram Panchayat. Sub-sections (6) and (7) of Section 9 of the Act, relevant for this case, read as under:-

"9. (6) Every Panchayat shall have one Panch belonging to Backward Classes if their population is two per cent or more of the total population of the Sabha area and such seat shall be allotted to such ward having maximum population of persons belonging to Backward Classes.

(7) Reservation of seats as mentioned in aforesaid sub-sections shall be reviewed after every decennial census."

It is apparent from the reading of Sections 7, 8 and 9 of the Act that while issuing notification for establishing and constituting a Gram Panchayat, the Government has to make provision for Scheduled Caste, women Panches and one Panch belonging to Backward Class. In the Case of Backward Class, a seat is to be reserved only if their population is 2 per cent or more of the total population of the Sabha area. Reservation of seats can be reviewed after every decennial census. In the present case, for determining the total population of Sabha area and also the population belonging to Scheduled caste and backward classes, the basis taken was 1991 decennial census, according to which the total population in village Surakhpur was 1436 and population of Backward Classes was 30 which was little more than two per cent and accordingly, one seat was reserved for Backward Classes. Once the notification has been issued reserving a seat for Backward Classes on the basis of last decennial census, the S.D.M. (Civil) has no jurisdiction to review the decision of the Government. The only role ascribed to the S.D.M. (Civil) in Rules 5 and 6 of the Rule is to determine which Ward has the maximum population of persons belonging to Backward Class. Ward No. 2 in the present case was found to be having the maximum population of Backward Classes and, therefore, the same was reserved for Backward Classes. Accordingly, there is no merit in this petition and the same shall stand dismissed.