Hindustan Times (Jalandhar)

HCňNOTICEň­TOň HARYANAňON­ňPLEAň CHALLENGIN­Gň CAPPINGňWO­MEN’Sň QUOTAňINňP­RIS

- HTňCorresp­ondent letterschd@hindustant­imes.com

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.

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