Chennai: Again, Madras High Court has lived elections for local puducherry bodies for anomalies at communal reservations.
While before, the election was stalled because anomalies in providing reservations in the allocation of seats, this time had been suspended because of withdrawal of reservations to the reservation community (BCS) and the scheduled tribes (STS).
“The election notice issued without providing reservations for BCS and STS is really bad in law and against the constitutional mandate,” the Justice Division bench R Mahadevan and Justice Abdul Quddhose.
Bench has directed the Puducherry election commission to keep all electoral processes in delay until October 21.
The court passed the temporary order after accessing the request of P Wilson, a senior advisor who appeared for Puducherry DMK represented by opposition leader R Siva.
Referring to a command delivered by the first bench from the October 7 court, in the previous litigation round challenging anomalies in providing a reservation, the court said: “Leave is given by the first bench to make anomalies alone.
However, without adding any reason, the Commission has removed Provisions for reservations for STS and BCS which are constitutional mandates.
“After the order, on October 8, all government orders that provide reservations were drawn directly to violating the constitutional mandate, the court added.
Wilson argues that election notices have been issued without providing reservations for BC and ST opposing a constitutional mandate.
“Reservation withdrawals are an antithesis for social justice which in turn is an antithesis for equality as immortalized by Article 14 of the Constitution,” Wilson said.
Representing other applicants, senior advocate A R L Sundarsan submitted that all selected legislators from the Union Hape Puduchhery area with a round voice given a representation to commissions who are looking for reservations for BCS and STS.
“Meanwhile, the Governor Lt cannot act unilaterally,” he said.
Opposing the request, advisor for the election commission V Chandrasekan and the applicant applicant N Mala submitted that the decision to withdraw reservations was made because there was no empirical data available on the BCS and STS populations.