Shimla, April 6 The Himachal Pradesh High Court on Monday stayed a decision of the state government that authorized deputy commissioners (DCs) to make modifications in up to five percent of the reserved seats in the roster for the upcoming panchayat polls.
The Himachal Government had issued the notification authorizing DCs to make the changes in the reservation roster, a document which assigns seats under reserved categories like SC, ST, OBC and others.
Elections for 3,500 panchayats and 73 urban local bodies are scheduled to be held before May 31.
The high court said that if any reservation roster has been issued utilising these powers, that too is stayed.
It also reiterated its directive to all DCs to finalise and implement the reservation rosters for the panchayat elections by April 7 (tomorrow) without the new direction on five per cent reservation.
"This was an arbitrary move by the government which did not have the power to bring in the amendment. Considering our plea, the high court has not just stayed but also directed the state government to ensure that all rosters are issued by April 7," said advocate Nand Lal, who represented the petitioners.
The DCs of five districts -- Kullu, Shimla, Mandi, Kangra, and Hamirpur -- had issued the reservation rosters and may have to re-issue them now.
Welcoming the HC decision, Leader of the Opposition in the state Assembly Jairam Thakur said that the Congress government had violated Article 243(D) of the Constitution by empowering DCs to make changes of up to five percent in the roster of members for Panchayat elections, taking into account geographical and other circumstances.
He alleged that the state government had created this window solely to enable the chief minister "to appoint a few more of his associates as Pradhans and members of the District Council and Block Development Council (BDC)".
The BJP had lodged its protest in this regard on April 1 in the Assembly.
Revenue Minister Jagat Singh Negi had earlier maintained that panchayat elections are being conducted based on the 2011 census, but since there have been changes in the population demographics of various castes and communities, the provision allowing for a five percent modification in the roster was made so that the DCs can make necessary adjustments.
Chief Minister Sukhvinder Singh Sukhu had said that the panchayat elections in the state would indeed be held before May 31. He had asserted that under Article 73 of the Constitution, the state government possesses the authority to make modifications to the roster.