CWP/6340/2020 on 31 December 2020

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.6340 of 2020

Decided on: 31st December, 2020 ____________________________________________________________ Virender Katoch …..Petitioner

Versus

State of Himachal Pradesh and others …..Respondents _____________________________________________________________

Coram

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting? ______________________________________________________ For the petitioner: Mr. Sudhanshu Jamwal, Advocate vice Mr. Tanuj Thakur, Advocate.

For the respondents: Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore & Mr. Shiv Pal Manhans, Additional Advocates General and Ms. Seema Sharma, Mr. Bhupinder Thakur & Mr. Yudhvir Singh Thakur, Deputy Advocates General, for respondents No.1 to 3.

Mr. Ajeet Singh Saklani, Advocate, for respondent No.4.

(Through Video Conferencing)

Jyotsna Rewal Dua, Judge

Instant writ petition has been filed for the following substantive prayers:-

Whether reporters of Local Papers may be allowed to see the judgment?

“(i) That the respondents may kindly be directed to keep the post of BDC, BDC Ward Harer Block Baijnath District Kangra open for general categories male by issuing a writ of mandamus.

(ii) That respondents may kindly be directed to amend the roster whereby the post of BDC Member in Harer Ward of Baijnath Block has been shown reserved for OBC (Female) category by issuing writ of mandamus.

(iii) That operation of Annexure P-1 may kindly be stayed qua to the election of BDC Member in Harer Ward of the Baijnath Block district Kangra Himachal Pradesh.”

2. Petitioner contends that the post of BDC Member of Harer Ward, Block Baijnath, District Kangra, had already been reserved for Women (Unreserved Category) in 2010 elections and for Women belonging to Scheduled Tribe Category in 2015 elections, therefore, it could not have been reserved for Women once again belonging to Other Backward Classes (OBC) Category in the ensuing 2020-21 elections to various Panchayati Raj Institutions. No argument, legal or otherwise, in support of this contention has been advanced by learned counsel for the petitioner.

Whereas on behalf of the respondents-State, learned Advocate General submitted that the post of BDC Member of Ward in question for ensuing elections to Panchayati Raj Institutions has been reserved for Women belonging to OBC Category strictly by applying the reservation roster in accordance with the provisions of relevant Statutes and rules framed thereunder. In absence of any cogent and legal rebuttal to the submissions made on behalf of the respondents-State, we find no merit in the instant writ petition and the same is accordingly dismissed alongwith pending miscellaneous application(s), if any.

(Tarlok Singh Chauhan)

Judge

(Jyotsna Rewal Dua) December 31, 2020

Judge (Mukesh)