HCňNOTICEňTOň HARYANAňONňPLEAň CHALLENGINGň CAPPINGňWOMEN’Sň QUOTAňINňPRIS
CHANDIGARHň:ňThe Punjab and Haryana high court has put the Haryana government on notice on a plea challenging amendment in the state’s panchayati raj law, which bars women from contesting on general seats.
The bench of chief justice RS Jha and justice Arun Palli on Tuesday sought response from the state government by April 20. The law was enacted recently by the state government, providing 50% reservation to women in panchayati raj institutions (PRIs).
The plea was filed by two women, Kailash Bai and Sneh Lata, who have challenged the Haryana Panchayati Raj (second amendment) Act, particularly relating to the scheme of reservation of seats in gram panchayat, panchayat samiti and zila parishad. Now all wards are to be sequentially numbered odd and even for the purpose of reservation of seats. Even numbers are to be reserved for women. The Act provides that “persons other than women” can contest from odd numbered wards. The term “persons other than woman” has not been defined under the amendment and would logically include males and transgenders and exclude women. The amendment thus restricts women candidates from contesting from odd numbered wards, which are otherwise open or general wards, said lawyer Deepkaran Dalal. The amendment discriminates between eligible women and their male counterparts, which violates Articles 14 and 15 of Constitution, he said.
The court was also told that Chapter 9 of the Constitution, which deals with panchayati raj institutions, provides for reservation of not less than 1/3rd seats for women and does not prescribe any upper limit on the number of women candidates who may contest elections from open or general category seats but the amendment restricts women candidates from contesting only on 50% of the seats.