AIR 1996 PATNA 112 ::(1996) 2 BLJ 954 ::(1996) 1 Pat LJR 581

Patna High Court

Hon'ble Judge(s): D. P. Wadhwa , C.J. AND Sudhansu Jyoti Mukhopadhaya , J

(A) Constitution of India , Art.243D— Panchayat.- Election - Reservation of seats - Powers of Legislators - They have full power to make special provisions for upliftment of weaker section - Accordingly reservation can be made for purpose of panchayat election in favour of weaker sections including SC/ST and/or backward classes - Such reservation does not destroy harmony between fundamental rights and directive principles. (Para 30 31) (B) Constitution of India , Art.243D(6)— Panchayat - Election - Reservation for backward class for purpose of clause (6) - Backward caste at present adequately represented and holding adequate political power (even in the assembly) - It cannot be treated as backward class - Rest declared as backward class - Elimination on ground of creamy layer - Not permissible. (Para 30) (C) Constitution of India , Art.243D(1)— Panchayat - Election - Reservation dependant on proportionate representation in favour of S.C. and S.T. classes - Not illegal - It is also not so as reservation is for limited period as special provision. (Para 30) ....