CUTTACK: The Orissa High Court on Thursday issued fresh notices to the State government seeking a reply to a petition on provisioning two per cent (pc) reservation to transgender in the local body elections. The division bench of Chief Justice S Muralidhar and Justice BP Routray issued the notices to the secretaries of Housing and Urban Development and Panchayati Raj departments and posted the matter to November 22.
President of transgender community and social activist Meera Parida had filed the petition on February 12. The court had first issued notices to the State government on March 3 seeking reply within four weeks. On April 27, the court had given final opportunity to file reply. But when the petition was taken up on Thursday, the State counsel submitted that for taking the required instructions for filing the reply, notices need to be issued to the secretaries of the two departments. Accordingly, the bench issued the fresh notices and the State counsel received them on behalf of the respondents.
Parida had moved the court citing the Election Commission of India (ECI)’s rejection of the State government’s recommendation to ensure a five pc electoral reservation for transgender people in Lok Sabha, Rajya Sabha, Assembly and municipal elections. The subject matter of reservation in local bodies is under the jurisdiction of the State Election Commission of the respective states, the ECI had replied. However, the ECI had replied that under the existing law, there is no provision in the Constitution or in the Delimitation Act, 2002 to reserve seats for any category like the ‘third gender’.