Hyderabad HC issues notice to Telangana govt on women’s reservation in panchayat elections

A single judge of the Hyderabad High Court has issued notice to the Telangana government in a writ petition challenging a memo, which declares that 50 percent of seats reserved for the Scheduled Castes in the upcoming panchayat elections are to be reserved for women.

The petition which was filed by Mamidi Sudarshan and was heard by Justice MS Ramachandra Rao.

Appearing for the petitioner, Senior Counsel L Ravichander argued that a full bench of the Hyderabad High Court (Sathyanarayna Reddy vs. State of A.P.) had held that any sub-classification within a section which had already been constitutionally accorded reservation, could only be done by a consultative process.

The full bench had passed the order after a move by the state government in 1987 to classify Schedule Castes into four distinct categories on the basis of backwardness, and divide the existing reservation available between the four categories, in proportion with their backwardness

He added that the full bench decision had subsequently been upheld by the Supreme Court and that, therefore, unilateral action by way of issuing a memo which in effect sub-classified reservation was illegal.

The petition also states that there is no rationale behind the memo, and the State Government has failed to conduct public exercises recommended by the courts over the years.

Enumerating the percentage of those that are constitutionally protected under article 15 and 16 of the Constitution, a publication of this data, and a public debate on what basis the current percentage of reservation should change have not been addressed by the government, according to the petitioner.

All these have been suggested by courts over the years as necessary precursors to re/sub-classification of reservation as it currently stands.

The notice is returnable in two weeks.

Read the petition