Horizontal reservation for state agitationists unconstitutional: Uttarakhand HC
The Uttarakhand high court on Wednesday ruled 10% horizontal reservation for state agitationists as unconstitutional, dashing hopes of those who are demanding restoration of reservationUpdated: Mar 07, 2018 21:11 IST
The Uttarakhand high court on Wednesday ruled 10% horizontal reservation for state agitationists as unconstitutional, dashing hopes of those who are demanding restoration of reservation.
The matter had been referred by chief justice KM Joseph to single judge bench of justice Lokpal Singh after the earlier bench of justice Sudhanshu Dhuliya had said the reservation was constitutional. Another bench of justice UC Dhyani had also termed it as unconstitutional.
On Wednesday, the bench of justice Lokpal Singh termed the horizontal reservation for agitationists as unconstitutional.
The horizontal reservation is a provision of reservation inside the general seats. 10% horizontal reservation means that this is a reservation within the 50% seats that are earmarked for the general category.
Hearing on local body polls on Thursday
The high court on Thursday will hear on the matter relating to the local bodies elections in the state.
The state election commission had submitted an affidavit in the court on March 6, saying it should also be made a party in the case as it is related to election.
The state election commission has said local body elections have to be held in the state before May 4 and the deadline is nearing due to which the matter should be resolved.
Several objections had been raised on delimitation of wards or seats of municipal corporations and Nagar Palikas in the state after which the matter is being heard in the high court.
The date of elections has not been announced till now as the matter is in the court.
The matter is being heard by the single judge bench of justice Sudhanshu Dhuliya.
The litigants have said the government has not followed the due procedure of delimitation of seats and decided upon some of the boundaries based on their convenience.
The most objections have been raised in local bodies of Vikasnagar, Kotdwar, Pithoragarh, Haldwani, Almora Chamba and Bhowali.
Haldwani block Pramukh Bhola Bhatt, who has filed an PIL in court on the issue of delimitation of wards or seats, said it was a very serious matter as delimitation was done on an arbitrary basis.
“The constitutional norms have been subverted. The tenure of 1.5 years of the panchayat representatives is still left and the government could have conducted elections in their villages, (which are now included in Nagar Nigam) after their tenure would have been completed,” said Bhatt.
He also said the government should have held open meetings of gram sabhas prior to delimitation to seek people’s views.