E-Paper
HC notice to Haryana on plea challenging ordinance on BC reservation
The BC (A) is a subcategory of the Backward Classes, which is considered more backward among the BCs
Chandigarh: The Punjab and Haryana high court on Thursday sought response from Haryana government on a plea challenging the ordinance providing reservation for a sub-category in the Backward Classes in the panchayat elections.
The high court bench of chief justice RS Jha and justice Arun Palli sought response by December 14 on a plea from one Suresh and others, from Sonepat challenging the Haryana government’s move.
The plea terms the ordinance- —Haryana Panchayati Raj (Amendment) Ordinance 2022- in violation of the Articles 14, 15 and 243D of Constitution of India. The BC (A) is a subcategory of the Backward Classes, which is considered more backward among the BCs.
The seats of panch in gram panchayats, and members in panchayat samitis and zila parishads will be reserved as per the criteria and the reservation will not exceed 50 per cent aggregate of the total seats reserved for Scheduled Castes (SCs) and BC (A) taken together in a particular PRI.
The ordinance had amended the Haryana Panchayati Raj Act, making changes to sections 9, 59 and 120, thereby creating provision of reservation of BC (A).
As per the plea, the process of draw of lots and how the rotation process will be followed has not been clearly defined. The ordinance is entirely discriminatory towards the BC (A) by limiting the extent of the benefit being granted as compared to the SC category. The Ordinance does not give equal and proper representation to backward classes, which is against the settled principles of law and is discriminatory, the plea argues, seeking its quashing.
