The Hindu 23.09.2011
Local bodies poll: pleas against reservations to be heard on Oct. 10
Petitioners contend government cannot amend rules at eleventh hour
The Madras High Court Bench here on Thursday said that it will decide on
October 10 the validity of a Government Order (G.O.) issued on
September 7 amending Rule 5 of the Tamil Nadu Panchayats, Third-Grade
Municipalities, Municipalities and Corporations (Delimitation of Wards
or Divisions and Reservations) Rules, 1996.
The original rule stated that reservations for Scheduled Castes,
Scheduled Tribes and women in the offices of Chairman of Town
Panchayats, Municipalities and Mayor of Corporations should be followed
for two full terms (10 years) and rotated thereafter at every 10-year
interval based on the next higher percentage of population of respective
groups. However, the government now chose to amend the rule and make
reservations afresh, during the upcoming local body elections,
irrespective of the fact that certain posts were already under
reservation for 10 years. The decision to make fresh reservations was
taken in view of the expansion of territorial limits of 16 urban local
bodies in the State this year.
According to the G.O., 25 Municipalities, 30 Town Panchayats and 96
Village Panchayats were merged with 16 urban local bodies pursuant to
the 2006- elections. Eight Municipal Corporations of Chennai,
Coimbatore, Tiruchi, Madurai, Tirupur, Erode, Vellore and Tuticorin and
eight Municipalities of Kancheepuram, Tirupattur, Villupuram, Hosur,
Namakkal, Karur, Pudukottai and Nagercoil had been expanded by adding
nearby Municipalities, Town Panchayats and Village Panchayats.
While there were only six Municipal Corporations in the 2006 elections,
the number had risen to 10 this year. The number of Municipalities too
increased from 102 to 125. Consequently, the number of Town Panchayats
decreased from 561 to 529 and the number of Grade III Municipalities
came down from 49 to nil. In view of the changes in territorial limits
of 16 urban local bodies, the strength of the councils was revised
upward based on the 2001 population census figures. Therefore, the
government felt that there was a need to make reservation afresh in
respect of the 16 urban local bodies.
However, two individuals, A. Kaja Mohideen of Ambasamudram Municipality
in Tirunelveli district and S. Balakrishnasamy of Virudhunagar
Municipality, had filed individual cases challenging the G.O. They
claimed that the two Municipalities had been reserved for women this
year also though they had already completed the mandatory tenure of 10
years under reservation.
A Division Bench of Justices P.P.S. Janarthana Raja and Aruna Jagadeesan
on Thursday posted the two cases for final hearing on October 10. They
directed Additional Advocate General K. Chellapandian to file the
government’s counter affidavit on that day. Earlier, arguing for the
petitioners, senior counsel AR.L. Sundaresan and T.S.R. Venkataramana
contended that the government could not amend the rule related to
reservation at the eleventh hour.
