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HC admits PIL on Delimitation Act
The two judge PIL bench of the High court at Hyderabad comprising Chief Justice Kalyan Jyothi Sen Gupta and Justice P V Sanjay Kumar on Tuesday ordered notice in a writ plea filed by T V Ramana and four other residents of Visakhapatnam questioning the legality of the Delimitation Act 2002 to the extent that it does not rotate certain constituencies reserved for Schedules Castes and Tribes.
Hyderabad: The two judge PIL bench of the High court at Hyderabad comprising Chief Justice Kalyan Jyothi Sen Gupta and Justice P V Sanjay Kumar on Tuesday ordered notice in a writ plea filed by T V Ramana and four other residents of Visakhapatnam questioning the legality of the Delimitation Act 2002 to the extent that it does not rotate certain constituencies reserved for Schedules Castes and Tribes.
The petitioners, all residents of Visakhapatnam, moved the court pointing out to the Constitutional provisions that provide for reservation of seats in favour of certain categories, including SCs STs and Backward classes. The petitioners pointed to the Constitutional debates and said “our Constitutional framers never intended that the reservation of constituencies in favour of Scheduled Castes and Tribes should result in the rest of the other classes of people being kept out of the electoral process for seeking election to the State Assemblies and Lok Sabha.”
The petitioners pointed out that the Delimitation Act provided for a more or less permanent reservation of a constituency in favour of a community and thereby defeating the principle of universal adult suffrage. “If a constituency continues to remain a reserved one for decades together, it automatically deprives the non- reserved section of people from seeking elections from such constituency” Sundari, Counsel for the petitioner said.
