The Telangana High Court has taken a significant step regarding the upcoming gram panchayat elections, directing its registry to place a batch of writ petitions before a division bench for a final decision. The petitions challenge the government's process of reserving sarpanch and ward member posts based on outdated demographic data.
Core Issue: Reservations for Non-Existent Populations
Justice T Madhavi Devi passed this order on Tuesday after hearing arguments on a peculiar problem. The petitions highlight villages where posts are reserved for Scheduled Tribes (STs) or Scheduled Castes (SCs) despite having no population or a negligible population belonging to these communities. This has resulted in a situation where there are no eligible candidates to contest, leaving the seats perpetually vacant.
The petitioners argued that the state government's notification from November 25, which relies on the 2011 Census data for ST/SC reservations and caste survey data for Backward Class (BC) reservations, is flawed. They sought a directive to conduct elections based on the current population to ensure true representation.
Government's Stance and Judicial Observations
Opposing this, the Special Government Pleader contended that the administration is legally bound to consider only the 2011 Census for ST/SC reservations and cannot shift to using current population figures.
After recording submissions from both sides, Justice Madhavi Devi made critical observations. The court noted that conducting elections in villages where seats are reserved for categories with no local population "defeats the very purpose of elections and democratic values." It would lead to a "loss of public exchequer" with no representative being elected.
While acknowledging that the Constitution provides reservations to ensure representation for marginalized communities, the court stated these principles are rendered meaningless if there is no actual candidate from the respective category to represent.
Wider Ramifications and Path Forward
The court also observed that simply directing these posts to be reserved for a different category could disrupt the established roster system and have "wide ramifications." Given the peculiar circumstances and the potential impact on the entire election process, the single judge deemed it fit for a division bench to decide.
The matter is likely to be heard on Wednesday by the division bench, which will now examine the legal complexities of balancing constitutional reservation mandates with ground-level demographic realities in local self-government.
