Madras High Court
P.Veeramuthu vs The State Of Tamil Nadu on 27 January, 2022
W.P.No.1204 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.1204 of 2022
P.Veeramuthu .. Petitioner
vs
1. The State of Tamil Nadu
rep. by its Secretary to Government
Municipal Administration and Water Supply Department
Secretariat, Chennai - 9.
2. The State Election commissioner
No.208/2, Jawaharlal Nehru Road
Arumbakkam, Chennai 600 106.
3. The Director of Town Panchayats
Directorate of Town Panchayats
Chennai - 28.
4. The District Collector
Perumbalur District
Perumbalur.
5. The Executive Officer
Labbaikudikadu Town Panchayat
Perambalur District. .. Respondents
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W.P.No.1204 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India to
issue Writ of Certiorarified mandamus to call for records connected in
Gazette Notification No.226, dated 24.05.2019 of the 3rd respondent
and Na.Ka.No.112/2019, dated 23.12.2019 and also
Na.Ka.No.112/2019, dated 25.02.2020 of the 5th respondent and
quash the same in so far as the Labbaikudikadu Town Panchayat,
Perambalur district is concerned and consequently direct the
respondents to follow the Article 243-D of the constitution of India and
reserve seats for the SC people among the 15 wards in
Labbaikudikadu Town Panchayat, Perambalur District for SC people
representation.
For the Petitioner : Mr.G.Elanhezhiyan
For the Respondents : Mr.R.Shunmugasundaram
Advocate General
Assisted by
Mr.P.Muthukumar
Government Pleader for
for R1, R3 to R5
Mr.Sivashanmugham
for R2
ORDER
(Order of the Court was made by
the Hon'ble Acting Chief Justice)
The writ petition has been filed challenging the Gazette
Notification No.226 dated 24.05.2019 issued by the third respondent
and the subsequent notification, apart from the notification in
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Na.Ka.No.112/2019 dated 25.02.2020, which do not provide
reservation in favour of Scheduled Caste out of 15 wards of the Town
Panchayat.
2. Learned counsel for the petitioner submits that as per Article
243D of the Constitution, the respondents are under an obligation to
provide reservation for all the categories referred to therein, including
Scheduled Caste. However, the respondents have not provided
reservation in favour of the Scheduled Caste out of 15 wards of the
Town Panchayat for the ensuing election and thereby committed
illegality. It is more so when one seat/ward, was reserved for the
Scheduled Caste in the previous election. Thus, a prayer is made to set
aside the notifications and to direct the respondents to provide
reservation of one seat at least in favour of the Scheduled Caste out of
15 wards.
3. Learned Government Pleader submits that reservations are
provided based on the population of each category. Referring to the
population of Scheduled Caste in the Town Panchayat in question, he
submits that the reservation could not be provided because the
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W.P.No.1204 of 2022
population of the Scheduled Tribe was less than 0.5%. A reference to
the circular issued by the first respondent dated 26.06.1996 has been
made to show that wherever the population of a particular category is
said to be less than 0.5%, then it would be ignored and if it is 0.5%
and more, then it would be considered as 1.
4. The above circular is supported by the judgment of the
Apex Court in the case of State of Uttar Pradesh v. Pawan
Kumar Tiwari, (2005) 2 SCC 10, wherein it was held that the
rule of rounding off based on logic and common sense is: if part is
one-half or more, its value shall be increased to one and if part is
less than half then its value shall be ignored. In the instant case,
the population of Scheduled Caste in the Town Panchayat in
question is negligible and therefore, a seat for Scheduled Caste
could not be reserved.
5. Learned Advocate General, referring to Article 243T of the
Constitution, submits that the same is applicable for the reservation to
different categories and and not Article 243D, as referred to by
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W.P.No.1204 of 2022
learned counsel for the petitioner, which is applicable only to the
Panchayat and not Municipalities. He further submits that in the
previous election, reservation was provided since the population at the
relevant time may be more than 0.5% and if it was not, the illegality
should not be perpetuated by the process of law and accordingly,
prays for dismissal of the writ petition.
6. We have considered the submission made by learned counsel
for the petitioner as well as learned Government Pleader.
7. The issue for our consideration is as to whether the
notifications under challenge are unconstitutional or illegal, as they do
not provide reservation in favour of the Scheduled Caste.
8. It is the fact that out of 15 wards of the Town Panchayat, not
a single ward has been reserved for the Scheduled Caste. Learned
counsel for the petitioner has made a reference to Article 243D, while
learned Advocate General made a reference to Article 243T of the
Constitution. Both provisions are quoted hereunder for ready
reference.
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W.P.No.1204 of 2022
Article 243D of the Constitution:
"243D. Reservation of seats.
(1) Seats shall be reserved for-
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
in every Panchayat and the number of seats so reserved shall bear,
as nearly as may be, the same proportion to the total number of
seats to be filled by direct election in that Panchayat as the
population of the Scheduled Castes in that Panchayat area or of
the Scheduled Tribes in that Panchayat area bears to the total
population of that area and such seats may be allotted by rotation
to different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women belonging to
the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the
Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women and such
seats may be allotted by rotation to different constituencies in a
Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the
village or any other level shall be reserved for the Scheduled Castes,
the Scheduled Tribes and women in such manner as the Legislature of
a State may, by law, provide:
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W.P.No.1204 of 2022
Provided that the number of offices of Chairpersons reserved
for the Scheduled Castes and the Scheduled Tribes in the Panchayats
at each level in any State shall bear, as nearly as may be, the same
proportion to the total number of such offices in the Panchayats at
each level as the population of the Scheduled Castes in the State or of
the Scheduled Tribes in the State bears to the total population of the
State:
Provided further that not less than one-third of the total
number of offices of Chairpersons in the Panchayats at each level
shall be reserved for women:
Provided also that the number of offices reserved under this
clause shall be allotted by rotation to different Panchayats at each
level.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration
of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a
State from making any provision for reservation of seats in any
Panchayat or offices of Chairpersons in the Panchayats at any level
in favour of backward class of citizens.
Article 243T of the Constitution:
"243T. Reservation of seats.
(1) Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality and the number of seats so
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W.P.No.1204 of 2022
reserved shall bear, as nearly as may be, the same proportion to the
total number of seats to be filled by direct election in that Municipality as
the population of the Scheduled Castes in the Municipal area or of the
Scheduled Tribes in the Municipal area bears to the total population of
that area and such seats may be allotted by rotation to different
constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved
under clause (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the
Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women and such
seats may be allotted by rotation to different constituencies in a
Municipality.
(4) The offices of Chairpersons in the Municipalities shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration of
the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State
from making any provision for reservation of seats in any Municipality or
offices of Chairpersons in the Municipalities in favour of backward class
of citizens."
9. A perusal of Article 243D of the Constitution provides for
reservation of seats for Scheduled Caste and Scheduled Tribe. Article
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W.P.No.1204 of 2022
243T applies to the Municipalities which is applicable to the present
case, in view of the fact that Town Panchayat is a Municipality.
10. As per Article 243T, seats have to be reserved for Schedueld
Caste and Scheduled Tribe in every Municipality based on the
population of each category. The reservation has been separately
indicated for the women of Scheduled Caste and Scheduled Tribe and
also for the women general. In the absence of population requiring the
application of Article 243T of the Constitution, the reservation in favour
of the Scheduled Caste has not been carved out by the respondents.
11. The facts available on record show that population of the
Scheduled Caste in the Town Panchayat is less than 0.5% and
therefore, the Government has ignored it in the light of the Circular
dated 26.06.1996 and otherwise, we find that even as per the ratio
propounded by the Apex Court in the case supra, the fraction of one
less than 0.5% is to be ignored, while 0.5% or more is to be treated
as 1%. However, there cannot be a strait-jacket formula regarding
rounding off. What has to be seen is that when there is no power
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W.P.No.1204 of 2022
provided in the statute and also in the Rules permitting any such
rounding off so as to bring a category to the minimum requirement,
no such rounding off or relaxation is permissible. The Apex Court in
Bhanu Pratap v. State of Haryana, (2011) 15 SCC 304,
emphatically held that somewhere a line has to be drawn and that
line has to be strictly observed which is like a Lakshmana Rekha
and no variation of the same is possible unless it is so provided
under the Rules itself. In the case on hand, the respondent
authorities found that the present population of the Scheduled
Caste population was less than 0.5%. Such statutory prescription
cannot be diluted and any rounding off would tantamount to acting
beyond the parameters prescribed by the statute and will work
injustice to other candidates. On finding that the population of
Scheduled Caste is less than 0.5%, the respondents have rightly
not carved out reservation in favour of the Scheduled Caste.
12. If the argument of learned counsel for the petitioner is
accepted and one seat out of 15 wards is reserved for the Scheduled
Caste, it would be going against the object of Article 243T of the
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W.P.No.1204 of 2022
Constitution. The reservation has to be provided based on the
proportion of the total number of seats vis-a-vis the population of the
category in whose favour reservation has to be given. The reservation
depends on the population of the category. Thus, the respondents,
taking into consideration the population of the Scheduled Caste in the
Town Panchayat in question, which is said to be less than 0.5%, did
not provide reservation for Scheduled Caste. We do not find any
illegality in the action of the respondents as they are not offending the
constitutional mandate to give reservation to different category of
persons.
13. If the argument of learned counsel for the petitioner is
accepted that in all circumstances, the reservation in favour of the
Scheduled Caste and Scheduled Tribe is to be given, then it has to be
tested even on hypothetical facts. If a Town Panchayat or Municipality
has no population of a particular category like Scheduled Caste or
Scheduled Tribe and still reservation has to be given, it would not only
offend the requirement of ratio of population, but would also raise a
question as to who would represent the said category when the
required population does not exist.
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W.P.No.1204 of 2022
14. In view of the above, we do not find any case in favour of
the petitioner to quash the notifications, even if one seat is reserved
for the Scheduled Caste in the previous election. It is not only for the
reason that reservation of seats depends on the ratio of the particular
category, population or otherwise, but even if the existing population
of the Scheduled Caste was less than 0.5%, then earlier reservation
cannot be taken to be a precedent for perpetuating the illegality.
Accordingly, the writ petition is dismissed. There will be no order as to
costs.
(M.N.B., ACJ.) (P.D.A., J.)
27.01.2022
Index : Yes/No
kpl/drm
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W.P.No.1204 of 2022
To:
1. The Secretary to Government
Municipal Administration and Water Supply Department
Secretariat
Chennai - 9.
2. The State Election commissioner
No.208/2, Jawaharlal Nehru Road
Arumbakkam
Chennai 600 106.
3. The Director of Town Panchayats
Directorate of Town Panchayats
Chennai - 28.
4. The District Collector
Perumbalur District
Perumbalur.
5. The Executive Officer
Labbaikudikadu Town Panchayat
Perambalur District.
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W.P.No.1204 of 2022
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
(kpl/drm)
W.P.No.1204 of 2022
27.01.2022
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