Urban local body polls: Citing Census, Himachal govt postpones reservation roster, poll panel says not for you to decide
'…The Government has approved that due to the non-availability of latest data about the actual numbers of electors of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) communities resulting from the delay in the Census — the implementation/finalization by issuance of the reservation roster for the ULBs elections shall be postponed until the latest Census data becomes available,' read a notification signed by the Special Secretary (UD) to the Himachal Pradesh government.
Addressed to all deputy commissioners of the state, except those of Lahaul & Spiti and Kinnaur, the notification added, 'Accordingly, you are hereby directed to take further necessary action in this regard and ensure that the reservation of seats roster for the forthcoming Urban Local Body (ULB) elections is not thereafter issued nor implement- ed until such time as the updated Census data is officially released.'
The notification was issued on July 10. The same day, the State Election Commission (SEC) sprang to action and issued a new notification. Citing 'clause (g) of the Article 243P of the Constitutional India read with Section 2(1) of Himachal Pradesh Municipal Act, 1994 and Section 2(30) of Himachal Pradesh Municipal Corporation Act, 1994,' the notification signed by the Secretary, State Election Commission, said that 'population as ascertained at the last preceding census of which the relevant figures have been published' will be used for the reservation purpose.
Addressed to the Chief Secretary, Himachal Pradesh government, the SEC notification said that 'the latest population data of census 2011 shall be relevant and legitimate for the reservation of seats during the ensuing elections'. 'It is pertinent to mention here that the superintendence, direction and control for delimitation of wards, reservation and allotment of seats by rotation vests in the State Election Commission under Section 201 of Himachal Pradesh Municipal Act, 1994 and Section 9 of the Himachal Pradesh Municipal Corporation Act, 1994,' the SEC notification read, adding that 'Urban Development Department has no legal mandate to postpone the schedule issued by a Constitutional Authority'.
Urban Development Minister Vikramaditya Singh was unavailable for a comment.
Legal experts sided with the SEC. 'The secretary concerned the Urban Development Department has transgressed his powers. Whatever he did was illegal and unconstitutional. It won't stand the test of judicial scrutiny as it amounts to usurpation of the mandate of a constitutional body,' said Shubhash Sharma, Senior Advocate at the Himachal Pradesh High Court.
Reacting to the development, former state BJP president Satpal Singh Satti said, 'Congress leaders keep messing with copies of the Constitution in their hands, but interfering with the functioning of the constitutional bodies. They keep making a hue and cry over reservation, but won't reserve seats for SCs, STs and OBCs in the coming urban local body elections.'
The elections to all the municipal bodies of the state, except Shimla municipal corporation, are to be held later this year.
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