Hyderabad: The Telangana High Court on Thursday, December 4, ruled that constitutional provisions bar judicial interference once the election process has begun, allowing such intervention only before or after the polls.
The bench comprising Justice P Shyam Koshy and Justice Suddala Chalapathi Rao made this observation while disposing of six petitions related to reservation irregularities in certain panchayats.
2011 census data usage under contention
The petitioners had alleged that reservations were allotted based on outdated population figures from 2011, even though demographic changes occurred following the reorganisation of the state and subsequent panchayat divisions.
The court noted that although there was truth in the contention that reservations were made without fresh demographic studies, judicial intervention at this stage was constitutionally impermissible since nomination procedures for two phases of panchayat elections had already been completed.
HC takes SEC’s assurance
The bench also recorded an assurance from the State Election Commission (SEC) that it would consult the government and conduct elections later for those panchayats where reservations were given despite the absence of population belonging to the concerned categories.
The petitions highlighted discrepancies, such as in Warangal district’s Kesamudram mandal, where Mahamoodpatnam village has only six ST voters, but the posts of sarpanch and three wards were reserved for STs; in Sangem mandal’s Vanjarapalli village, there was not a single ST voter, though similar reservations were made; in Nalgonda district’s Chintapalli mandal, Thakkalapalli village with only eight voters was fully reserved; and in Anumula mandal’s Shivalayam Peruru village, ST reservations were made despite the absence of ST residents.
SEC’s arguments
Senior advocate G Vidyasagar, representing the State Election Commission, argued that the body could only rely on the 2011 Census for reservation allotments and had no authority to consider any other data.
After hearing both sides, the court reiterated that while the reservations might indeed have been made without proper study, it could not interfere mid-process. It added that any objections raised by petitioners after the appropriate authorities had taken up the polls.
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