Sekarreporter: *11.09.2021: GLIMPSE OF A LATEST VERDICT* Writ Petition (MD) No. 18725 of 2020 and W.M.P. (MD) No. 15646 of 2020 *N.KIRUBAKARAN, J. And B.PUGALENDHI, J.* Though the Hon’ble Bench dismissed the Writ Petition to convert Tenkasi Parliamentary Constituency in Tamil Nadu as General Constituency, the Bench observed that it should be the duty of the Central Government as well as
[9/11, 06:41] Sekarreporter: *11.09.2021: GLIMPSE OF A LATEST VERDICT*
Writ Petition (MD) No. 18725 of 2020
W.M.P. (MD) No. 15646 of 2020
*N.KIRUBAKARAN, J. And B.PUGALENDHI, J.*
Though the Hon’ble Bench dismissed the Writ Petition to convert Tenkasi Parliamentary Constituency in Tamil Nadu as General Constituency, the Bench observed that it should be the duty of the Central Government as well as Election Commission to ensure that whenever delimitation exercise is done, efforts are to be taken to de-reserve the existing constituencies which are reserved constituencies for a long time and make the other constituencies which have got next highest Scheduled Caste population. If this kind of rotation is followed, definitely, there will not be any complaints of violation by any other section of people and the Bench held as follows:
1. Since population has been brought down by successfully implementing national programme for family planning, the political representations in the Parliament have been reduced from 41 to 39 , which is very unfair and unreasonable. Normally, a State Government has to be honoured and complimented for successfully implementing Central Government’s policies and projects etc., and interests of such State cannot be adversely affected.
2. However, the allocation of seats in the state assembly would remain frozen on the basis of 1971 census as per third Proviso (i) to Article 170 (3). Though the last census was made in 2001, the seats remain the same from 1971.
3. The constituencies reserved for the Scheduled Caste and Scheduled Tribe will remain reserved till the next Delimitation exercise which is due to be taken up after the first census to be taken after the year 2026, as evident from the reply dated 07.09.2018 filed by the Election Commission. In view of the above provisions and delimitation done pursuant to the Delimitation Act, 2002, the reserved seat would remain as reserved seat till the next delimitation exercise.
4. It is a fact that the Tenkasi Parliamentary Constituency remains as a reserved constituency meant for Scheduled Caste and Scheduled Tribes alone for the past 56 years. 37-Tenkasi(SC) parliamentary constituency is having highest percentage of SC population viz., 21.52% and therefore, it has been reserved for scheduled castes(SC). The seats in the Legislative Assemblies of all States and Union Territories and the Parliament are accordingly reserved for scheduled castes and scheduled tribes by the then Delimitation Commission on the basis of census figures, 2001. In view of the above position, the rotation as explained in detail by the Election Commission of India in the reply dated 07.09.2018 the prayer sought for by the Petitioner cannot be sustained and the same is negatived.
5. As the issue of reduction of parliamentary constituencies in Tamil Nadu,the political parties which contest the elections are necessary parties.
6. As the Writ Petition has been filed as Public Interest Litigation, while negativing the prayer sought for, this Court raises the following queries suo motu in the interest of public for the reasons stated above:-
1. Could the rights of State of Tamil Nadu and similarly placed States could be violated by reduction in number of Members of Parliament who could be elected from the State for successfully implementing birth control programmes thereby reducing the population of the State? AND SEVEN OTHER QUERIES. The Respondents shall answer to the queries raised by four weeks. Call the matter after four weeks.
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