Allahabad High Court
Ajad Singh vs State Of U.P. And 5 Others on 16 March, 2021
Bench: Surya Prakash Kesarwani, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- WRIT - C No. - 9473 of 2021
Petitioner :- Ajad Singh
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Rohit Tiwari,Niraj Tiwari
Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned standing counsel for the State - respondent and Sri Amit Kumar Pandey, holding brief of Sri K.P. Singh has appeared on behalf of respondent no.3.
Learned counsel for the petitioner states that the controversy involved in the present writ petition is squarely covered by judgment dated 15.03.2021 in P.I.L. Civil No.6929 of 2021 (Ajay Kumar Vs. State of U.P. Thru. Addl. Chief Secretary, Panchayat Raj and others).
Learned standing counsel has no objection to the aforesaid request.
In the aforesaid judgment in the case of Ajay Kumar (supra), Lucknow Bench of this Court has held as under:
"Upon applicability of the judgment rendered by Hon'ble the Supreme Court in the case of Vikas Kishanrao Gawali vs. State of Maharashtra and others (supra), it is clear that the provisions of the impugned Government Order dated 11.02.2021 would have the effect of exceeding the prescribed vertical limit of reservation of 50 per cent, which cannot be permitted.
The Court vide order dated 12.3.2021 had granted time to opposite parties to seek instructions with regard to aforesaid submissions.
Learned Advocate General appearing for the opposite parties no. 1 and 2, on the basis of written instructions, copy of which has been placed before the Court and the same is taken on record, submits that the State Government has no objection to implement the reservation and allotment of seats of constituencies in Panchayats elections taking 2015 as the base year as first round of reservation and allotments for determining the reservations as per decision taken vide Government Order dated 16.9.2015.
We are conscious of the fact that this Court vide order dated 4.2.2021 passed in Writ-C No. 23377 of 2020; Vinod Upadhyay vs. State of U.P. and another has issued directions to the opposite parties to complete the reservation of constituencies latest by 17.3.2021 and thereupon complete the elections of all the Panchayats by 30th April, 2021 and indirection elections to be completed thereafter within fifteen days i.e., by 15th May, 2021.
It is submitted by the learned Advocate General that the entire exercise for providing reservation in the Panchayat Elections has to be done a fresh taking 2015 as the base year, as such, it would not be possible that the reservation of constituencies to be finalized by 17.3.2021. It is stated that they will complete the entire exercise in this regard by 27.3.2021 and hold the elections by 10.5.2021. Indirect election would be completed by 25.5.2021.
We have passed this order considering the changed circumstances, with the consent of parties' counsel and without calling for counter affidavit as well as taking note of the fact that Writ-C No. 23377 of 2020; Vinod Upadhyay vs. State of U.P. and another has been disposed of vide order dated 4.2.2021.
Considering the submissions of learned Advocate General, the impugned order dated 11.2.2021 is hereby quashed. The writ petition is allowed."
In view of the aforesaid, this writ petition is also disposed of in terms of the judgment in the case of Ajay Kumar (supra).
Order Date :- 16.3.2021/vkg
