Rajasthan HC order not to exceed 50% Reservation Limit

Rajasthan High Court has issued an ad-interim order directing the state government not to exceed the prescribed limit of 50 per cent fixed for the horizontal reservation for various categories in the Panchayatiraj elections. The division bench of justice RC Gandhi and justice Mahesh Bhagwati passed this order on a petition filed by one Sitaram Sharma challenging the Rajasthan Panchayatiraj (second amendment) ordinance 2008 under which the quota for women has been raised from 33% to 50% in the panchayat elections.
The court has also issued notices to chief secretary of the state government, Panchayatiraj department secretary, district collector, Jhunjhunu and CEO of Jhunujhunu district council returnable in four weeks. The court has issued similar order in case of municipal elections also where the state government had introduced 50 per cent quota for the women. According to petitioner’s counsel Anoop Dhand, the quota in Panchayatiraj elections is exceeding 75 per cent, which is in excess of 50 per cent ceiling prescribed by the Supreme Court.
“The state government is offering 50 per cent reservation to women, 20 per cent reservation to youth between the age of 21 and 35 and other prescribed quota for SC/ST and OBC candidates. This exceeds the limit of 50 per cent reservation set by Supreme Court,” he said. The Panchayatiraj elections in Rajasthan were scheduled for February next year. The Union government, through a cabinet decision in August this year, had cleared the proposal to increase reservation for women to 50 per cent in panchayats.

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