VIJAYAWADA: The Andhra Pradesh High Court on Tuesday observed that the State government had fixed the reservation for local body polls based on the estimated population of BCs in the State by considering the 2011 population census and did not conduct a survey of the community. The court was hearing petitions filed against the government order fixing the reservation at 59.85 per cent for SCs, STs and BCs in the local body elections.
The court completed hearing of the arguments of the petitioners and government and reserved its order.
Earlier, the court sought clarifications from the Advocate General on the role of BC Commission, which was constituted under Article 340 of the Constitution, and BC Finance Corporation, which was constituted under Section 202 A of AP Panchayat Raj Act.
After hearing the AG’s arguments, the bench of Chief Justice Jitendra Kumar Maheshwari and Justice N Jayasurya said they would pronounce the order either by end of this month or first week of March. The court observed that the government had estimated the population of BCs based on the 2011 census, without conducting any survey.
The court reminded that the government, as per rules, should have conducted a survey of BCs in the State, put the same in the public domain for the people to raise objections and then print the final list. The government did not follow the due procedure, it observed.
Advocate General S Sriram said the BC Finance Corporation was not constituted as per the Article 340 but formed as per Section 202 A of AP Panchayat Raj Act. The court, in another case, did not find any fault with the constitution of the corporation as per the Panchayat Raj Act, he pointed out. Sriram told the court that the failure of the previous government to conduct panchayat elections had resulted in the State not getting the mandated funds from the Centre.
The AG said the State might lose Rs 3,000 crore Central funds, if elections are not conducted, and sought the court’s permission to conduct the polls. Intervening, the bench said that the court does not comes in the way of development of the State. The High Court, however, observed that it will look all the issues in judicial perspective.
What AG says
The AG informed the court that as per 2011 census, the population of BCs comprise 48 per cent and there is nothing unconstitutional in giving 34 per cent reservation to the community