AIR 2020 Andhra Pradesh 93 ::AIROnline 2020 AP 12 ::2020 (4) Andh LD 89

Andhra Pradesh High Court

Hon'ble Judge(s): J. K. Maheshwari , C.J. AND Ninala Jayasurya , J

Andhra Pradesh Panchayat Raj Act (13 of 1994) , S.9(1a), S.15(2), S.152(1A), S.153(2A), S.180(1A), S.181(2)(b)— Constitution of India , Art.243D(6), Art.15(4)— Panchayat elections - Reservation for backward classes - Fixation of - Upper ceiling of reservation i.e. 50% for SC, ST, OBC, cannot be breached - Ss. 9(1-A), 15(2), 152(1A), 153(2A), 180(1-A) and 181(2)(b) specifying reservation not less than 34% exceeds limits of 50% - Cannot be said to be valid - Theory of proportionate percentage of population commensurate to SCs, STs is not applicable in stricto sensu for Backward Classes. Article 243-D(1) provides the reservation of seats of Panchayats and the Offices of the Chairperson applies to SCs and STs specifying the proportionate reservation to them commensurate to the population in that Panchayat area. It does not include the Backward Classes applying proportionate formula of population in that area to the Backward Classes. The reservation of the Backward Classes was introduced and mandated by the Constitution under Article 243-D(6) enabling the State Legislature to make provisions for reservation to them relating to the seats and offices of the Gram Panchayats. Therefore, the constitutional intent under Article 243-D as well as Article 15(4) is that the ratio of proportionate population to reserve the seats to the SCs and STs; and for the Backward 30 C....