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AP Panchayat Raj Reservation of seats

Written By Ajit Kumar on Saturday, June 1, 2013 | 10:34 AM





PR&RD Department - Elections & Rules- Amendments to Andhra Pradesh Panchayat Raj (Reservation of seats and offices of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules 2006 – Notification – Issued.


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Panchayat Raj and Rural Development (E&R) Department

G.O.Ms.No.279                                                     Dated:01.06.2013
                                                                  Read the following:-

1.   G.O.Ms.No.220,PR&RD(E&R)Dept. Dated  25.5.2006
2.   G.O.Ms.No.128,PR&RD(E&R)Dept., Dt.8.6.2011
3.  From the CPR&RE, Hyd., Lr.No.348/Elec./2010, Dt.7.9.2012.
4.  Govt., Circular Memo.No19839/E&R/2012-3, Dated:12.04.2013
 5.  From the CPR&RE, Hyd.,Lr.No.4155/Elections/2013 Dated:16.04.2013
 6. G.O.Ms.No.259, PR&RD(E&R)Dept., Dated.1.5.2013.
 7. From the CPR&RE, Hyd.,Lr.No.15683/Elections/2010 Dated:31.05.2013


***
ORDER:


  The following Notification will be published in the extra-ordinary A.P. Gazette on 03.06.2013.

NOTIFICATION
                                 
In exercise of the powers conferred by sub-section (1) of Section 268 read with Sections 9,15,152,153,180,181 and 242-D of Andhra Pradesh Panchayat Raj Act, 1994, (Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of Grampanchayats, Mandal Parishads, Zilla Parishads) Rules- 2006, originally issued in G.O.Ms.No.220, PR&RD (E&R) Dept., Dated 25.5.2006 published in Rules Supplement to Part VII Extraordinary of A.P. Gazette No.5 Dated:06.06.2006 and as amended from time to time.

                               AMENDMENTS

In the said Rules:-

1)   Note under Rule 4(2) of G.O.Ms.No.220, dt.25.05.2006 shall be substituted with the following:


                              
NOTE:- In order to arrive at the Proportionate percentage of Backward Classes of the Gram Panchayat, the following formula shall be adopted:

Mandal Proportionate       Reservation for BCs in the State (34%)
Percentage of             =    --------------------------                     X   Mandal BC %                     
Backward Class              State Percentage of BCs. (39.18%)                       
                      
                                   
          =  0.867  x  Percentage of Backward Classes in Mandal Praja Parishad.

Explanation:- (i)   Percentage of Backward Class reservation is 34% as provided in the Act;
(ii)  State percentage of Backward Classes is 39.18% as projected by the Directorate of Economics and Statistics as on 01-03-2011, from the data


of Socio-Economic Survey conducted by Andhra Pradesh Backward Classes Finance Corporation Limited;

(iii)  Mandal Backward Class percentage is the figure as projected by the Directorate of Economics and Statistics as on 01-03-2011, from the data of Socio-Economic Survey referred to above.



2)   Rule 7(1) shall be substituted with the following namely:

Rule“7 (1) The Commissioner shall determine in the first instance, the number of offices of Sarpanchas of Gram Panchayats to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes, subject to the condition that the number of offices reserved for Scheduled Tribes shall be 6.28% and for Scheduled Castes 19.43% of the total number of offices of Sarpanchas of Gram Panchayats in the Non-Scheduled area of the State and then allot to each District on the basis of the proportion of the population of the Scheduled Tribes or of the Scheduled Castes in the District to the total ST/SC population of the State.

3)   Note under Rule 10(2) of G.O.Ms.No.220, dt.25.05.2006  shall be substituted with the following:

NOTE:- In order to arrive at the Mandal Proportionate percentage of Backward Classes the following formula shall be adopted:

Mandal Proportionate     Reservation for BCs in the State (34%)
Percentage of         =    ------------------------------------        X   Mandal BC %                 
Backward Class             State Percentage of BCs. (39.18%)             
              
          = 0.867 x  Percentage of Backward Classes in Mandal Praja Parishad.

Explanation:- (i)   Percentage of Backward Class reservation is 34% as provided in the Act;
(ii)  State percentage of Backward Classes is 39.18% as projected by the Directorate of Economics and Statistics as on 01-03-2011, from the data of Socio-Economic Survey conducted by Andhra Pradesh Backward Classes Finance Corporation Limited;

(iii)  Mandal Backward Class percentage is the figure as projected by the Directorate of Economics and Statistics as on 01-03-2011, from the data of Socio-Economic Survey referred to above.

  

4)    Rule 13(1) shall be substituted with the following namely:-

Rule13(1):-The Commissioner, shall determine in the first instance, the number of offices of President, Mandal Praja Parishad to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes, subject to the condition that, the number of offices reserved for Scheduled Tribes shall be 6.99% and for Scheduled Castes 19.32% of the total number of offices of Presidents  of  Mandal Praja Parishads in the non scheduled area
of the State and then allot to each District on the basis of the proportion of the population of the Scheduled Tribes or of the Scheduled Castes in the non scheduled area of  the District to the total population of the Scheduled Tribes or of the Scheduled Castes in the State and communicate the same to all the District Collectors.


5)   Note under Rule 16(2)of G.O.Ms.No.220, dt.25.05.2006  shall be substituted with the following:

NOTE:- In order to arrive at the District Proportionate percentage of Backward Classes the following formula shall be adopted:

District Proportionate     Reservation for BCs in the State (34%)
Percentage of          =  ----------------------------------            X District BCs %
Backward Class            State Percentage of BCs. (39.18%)               
                                              

Explanation:- (i)   Percentage of Backward Class reservation is 34% as provided in the Act;
(ii)  State percentage of Backward Classes is 39.18% as projected by the Directorate of Economics and Statistics as on 01-03-2011, from the data of Socio-Economic Survey conducted by Andhra Pradesh Backward Classes Finance Corporation Limited;

(iii) District Backward Class percentage is the figures as projected by the Directorate of Economics & Statistics.


6)    The following shall be added as rule 17(4) to G.O.Ms.1st read above and as amended in G.O.Ms.6th read above

“ The District Collector shall reserve ZPTCs for Women as allocated under sub-rule (3) of rule 16, out of the reserved and unreserved categories on the basis of the highest proportion of the population of women to the total population of ZPTCs concerned is the highest n the descending order.”

                        

7)  In rule 19 after the proviso the following proviso shall be incorporated:

“provided further calculate first Women seats / Office in even numbers then 0.5 fraction occurring in categories shall be rounded to one commencing from ST, BC and UR until the total required number of women seats/offices shall be arrived at each level of Panchayat . ie. (G.Ps MPPs ZPPs.)


8) In rule 19 as amendment by G.O.Ms.No.259, PR&RD (E&R) Dept., dt.1.5.2013 the words” in each category” occurring  at the end shall be deleted.

9) Rule 21(1) shall be substituted with the following namely:



Rule 21(1)The Commissioner, Panchayat Raj, shall in respect of the State determine in the first instance the number of offices of Chairpersons, Zilla Praja Parishads to be reserved in the State for the members belonging to Scheduled Tribes and the Scheduled  Castes  subject  to  the condition that the number of Offices so reserved shall be 9.15% of the total number of Zilla Praja Parishads in the State, in the case of Scheduled Tribes and 18.88% of the total number of Zilla Praja Parishads in the State in the case of Scheduled Castes.
                        

        (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) V. NAGI REDDY, PRINCIPAL SECRETARY TO GOVERNMENT (PR)


------------------------
PR&RD Department - Elections & Rules- Amendments to Andhra Pradesh Panchayat Raj
(Reservation of seats and offices of Gram Panchayats, Mandal Praja Parishads and Zilla
Praja Parishads) Rules 2006 –Notification –Issued.
ORDER:
The following Notification will be published in the extra-ordinary A.P. Gazette on
12.06.2013.
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of Section 268 read with
Sections 9,15,152,153,180,181 and 242-D of Andhra Pradesh Panchayat Raj Act, 1994,
(Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following
amendments to the Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of
Grampanchayats, Mandal Parishads, Zilla Parishads) Rules- 2006, originally issued in
G.O.Ms.No.220, PR&RD (E&R) Department, Dated 25-5-2006 published in Rules
Supplement to part VII Extraordinary of A.P. Gazette No.5, Dated 6.6.2006 and as
amended from time to time.
AMENDMENTS
1. In rule 8(7) of the said Rules issued in G.O 3rd read above, the words “Mandal
Parishad to the total population of the Mandal Parishad is the highest in the descending
order”Shall be read as “Grampanchayat to the total population of the Grampanchayat
concerned is the highest in the descending order.”
2. In the said Rules the Rules 5 (2), 5(3), 5(4), 8(6), 8(7),8(8), 11(1), 11(2),11(3),
14(1), 14(2),14(3),17(1), 17(2),17(3), 22(1),22(2) and 22(3) as amended in G.O. 4th read
above shall be deleted.
3. In the amendment issued to Rule 19 in the G.O 5th read above after proviso, the
words “commencing from ST,BC,UR until” shall be read as commencing from ST,SC,BC
and UR.
-------------------------------------------
PR&RD Department - Elections & Rules- Amendments to Andhra Pradesh
Panchayat Raj (Reservation of seats and offices of Gram Panchayats,
Mandal Praja Parishads and Zilla Praja Parishads) Rules 2006 –
Notification – Issued.
ORDER:
The following Notification will be published in the extra-ordinary
A.P. Gazette on 21.06.2013.
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of Section
268 read with Sections 9,15,152,153,180,181 and 242-D of Andhra
Pradesh Panchayat Raj Act, 1994, (Act 13 of 1994) the Governor of
Andhra Pradesh hereby makes the following amendments to the Andhra
Pradesh Panchayat Raj (Reservation of Seats and Offices of
Grampanchayats, Mandal Parishads, Zilla Parishads) Rules- 2006, and
originally issued in G.O.Ms.No.220, PR&RD (E&R) Dept., Dated 25-5-
2006 published in Rules Supplement to Part VII Extraordinary of A.P.
Gazette No.5 Dated:06.06.2006 and as amended from time to time.
AMENDMENTS
In the said Rules:-
I. Rule 7(2) shall be substituted with the following namely:
For the purpose of determining the number of Offices to be
reserved for Backward Classes, the Commissioner, Panchayat Raj
shall determine 34% of the offices to the members belonging to
the Backward Classes and allot to each District on the basis of the
proportion of projected percentage of population of BCs in the
District.
District Proportionate Reservation for BCs in the State (34%)
Percentage of = ----------------------------------------- X District BC projected
Backward Class State Percentage of BCs. ( 40.53%) population %
Explanation:- (i) Percentage of Backward Class reservation is 34% as
provided in the Act;
(ii) State percentage of Backward Classes is 40.53% as projected by the
Directorate of Economics and Statistics as on 01-03-2011, from the data
of Socio-Economic Survey conducted by Andhra Pradesh Backward
Classes Finance Corporation Limited in the Non-Scheduled area i.e., after
excluding the Scheduled area population in the State from the total rural
population of the State. This formula is applicable for allotment of Offices
of Sarpanchas of Gram Panchayat from State to District.
“Provided further when the number of Offices arrived at after
rounding of fractions is more than the required number the same
shall be rationalized”.
Explanation :To arrive at actual number during allotment of offices
from State to District a factor has to be worked-out by dividing the
required number with arrived number (Required Number/Arrived
Number) . The said factor will be multiplied with arrived number so
as to obtain the actual number which will be rounded off if
required.
Required Number
Factor= Arrived Number after rounding the fractions
Example : Actual Number required = 40
Number arrived after = 46
rounding of fraction
Factor = 40/46 =0.8695
Required Number = Factor x arrived number =0.8695 x 46 =39.99
rounded to 40.
II. In Rule 8(3) after proviso the following shall be substituted:
“For the purpose of determining number of Offices of Sarpanchas to be
reserved for the Backward Classes, the District Collector shall arrive at
this number on the basis of the Mandal proportionate percentage of
Backward Classes arrived at in the manner specified below.
Mandal Proportionate Reservation for BCs in the State (34%)
Percentage of = ----------------------------------------- X Mandal BC projected
Backward Class State Percentage of BCs. ( 40.53%) population %
Explanation:- (i) Percentage of Backward Class reservation is 34% as
provided in the Act;
(ii) State percentage of Backward Classes is 40.53% as projected by the
Directorate of Economics and Statistics as on 01-03-2011, from the data
of Socio-Economic Survey conducted by Andhra Pradesh Backward
Classes Finance Corporation Limited in the Non-Scheduled
area i.e., after excluding the Scheduled area population in the State from
the total rural population of the State. This formula is applicable for
allotment of Offices of Sarpanchas of Gram Panchayat from District to
Mandal level.
(iii) Mandal Backward Class percentage is the figure as projected by the
Directorate of Economics and Statistics as on 01-03-2011, from the data
of Socio-Economic Survey referred to above.
“Provided further when the number of Offices arrived at after
rounding of fractions is more than the required number the same
shall be rationalized”.
Explanation :To arrive at actual number during allotment of offices
from District to Mandal, a factor has to be worked-out by dividing
the required number with arrived number (Required
Number/Arrived Number) . The said factor will be multiplied with
arrived number so as to obtain the actual number which will be
rounded off if required.
Required Number
Factor= Arrived Number after rounding the fractions
Example : Actual Number required = 40
Number arrived after = 46
rounding of fraction
Factor = 40/46 =0.8695
Required Number = Factor x arrived number =0.8695 x 46 =39.99
rounded to 40.
III. Rule 13(2) shall be substituted with the following namely:-
For the purpose of reserving offices of Presidents for Backward Classes in
respect of the Mandal Praja Parishads, the Commissioner, Panchayat Raj
shall , in the first instance determine the number of Offices of Presidents
to be reserved for the Backward Classes in the State such that the
number of Offices so determined shall be 34% of the total number of
Offices of President, Mandal Praja Parishads in the State and allot them
to each District on the basis of proportionate percentage of Backward
Classes of each District arrived at in the manner specified below:
District Proportionate Reservation for BCs in the State (34%)
Percentage of = ----------------------------------------- X District BC projected
Backward Class State Percentage of BCs. (40.14%) population %
Explanation:- (i) Percentage of Backward Class reservation is 34% as
provided in the Act;
(ii) State percentage of Backward Classes is 40.14% as projected by the
Directorate of Economics and Statistics as on 01-03-2011, from the data
of Socio-Economic Survey conducted by Andhra Pradesh Backward
Classes Finance Corporation Limited in the Non-Scheduled
area i.e., after excluding the Wholly Scheduled Mandal population in the
State from the total rural population of the State. This formula is
applicable for allotment of Offices of Presidents, Mandal Praja Parishad
from State to District.
Explanation :To arrive at actual number during allotment of offices from
State to District and District to Mandal, a factor has to be worked-out by
dividing the required number with arrived number (Required
Number/Arrived Number) . The said factor will be multiplied with arrived
number so as to obtain the actual number which will be rounded off if
required.
Required Number
Factor= Arrived Number after rounding the fractions
Example : Actual Number required = 40
Number arrived after = 46
rounding of fraction
Factor = 40/46 =0.8695
Required Number = Factor x arrived number =0.8695 x 46 =39.99
rounded to 40.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V.NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
------------------------------------------------------------
Panchayat Raj  Department - Reservations to Backward Classes in Local Bodies, Judgment of the Hon’ble Supreme Court of India in W.P.No.356(C)/1994, Dated 11-05-2010 read with the Orders passed by the Hon’ble High Court of Andhra Pradesh In W.P.No.39268/2011 and batch, Dated 04-09-2011 – Follow-up Action – Orders-Issued.
ORDER:-
            The  Hon’ble Apex Court in W.P(C).No.356/1994 filed by Dr.K.Krishna Murthy and Others on the issue of reservations in local body elections (ref.1st read above) has disposed off the said Writ Petition on 11.05.2010 by the Constitutional Bench(five member bench) headed by the then Chief Justice of India.  The operative portion of the said Judgment is as follows:-
  (i)        The nature and purpose of reservations in the context of local self government is considerably different from that of higher education and public employment.  In this sense, Article 243-D and Article 243-T form a distinct and independent constitutional basis for affirmative action and the principles that have been evolved in relation to reservation policies enabled by Articles 15(4) and 16(4) cannot be readily applied in the context of local self government.  Even when made, they need not be for a period corresponding to the period of reservation for purposes of Article 15(4) and 16(4) but cannot be much shorter.
    (ii)      Article 243-D(6) and Article 243-T(6) are constitutionally valid since they are in the nature of provisions which merely enable state Legislatures to reserve seats and chairpersons posts in favour of Backward Classes.  Concerns about disproportionate reservations should be raised by way specific challenges against the State Legislations.
    (iii)     We are not in a position to examine the claims about over breadth in the quantum of reservation provided for OBCs under the impugned State Legislations since there is no contemporaneous empirical data.  The onus is on the executive to conduct rigorous investigation into the patterns of backwardness that act as barriers to political participation which are indeed quite different from the patterns of the disadvantages in the matter of access to education and employment .  As we have considered and decided only the constitutional validity of Articles 243-D(6) and 243(T), it will be open to the petitioners or any aggrieved party to challenge any State legislation enacted in pursuance of the Constitutional provision before the High Court.  We are of the view that the identification of backward classes under Article 243-D(6) and 243-T(6) should be distinct from the identification of SEBCs for the purpose of Article 16(4).
  (iv)     The upper ceiling of the 50% vertical reservation in favour of SC/ST/OBCs should not be breached in the context of local self government.  Exceptions can only be made in order to safeguard the interest of the Schedule Tribes in the matter of their representation in Panchayats located in the Scheduled areas.
 (v)       The reservation of Chairpersons posts in the manner contemplated by Article 243-    D(4) and 243-T(4) is constitutionally valid.  These chairpersons cannot be equated with solitary posts in the context of public employment”.
2.         In the reference 2nd read above, the Ministry of Panchayat Raj  Department, Government of India has forwarded a copy of the Judgment to all  State Governments for information and necessary action.
3.         While the matter stood thus,  Writ Petition No.39268/2011 and batch were filed by Sri.N.Jayaraj and others in Hon’ble Andhra Pradesh High Court, seeking a direction to the respondents i.e. Government of Andhra Pradesh, PR&RD Department,  to fix the reservations by fixing the upper ceiling cap of 50% for the elections for the Local Bodies as declared by the Apex Court as against the reservation fixed 60.55% by the various orders and to set aside the orders of the Government, in G.O.Ms.No.220 PR&RD (Elecs) Department, dated 25.05.2006 and G.O.Ms.No.128, PR&RD (E&R) Department, dated 08.06.2011.  The above Writ Petitions were disposed off by the Hon’ble High Court of Andhra Pradesh through their common Order, dated 04.09.2012 and the operative portion of the said Judgment is as follows:-
 i.  For the purpose of present elections, the state shall fix the reservations in favour of Backward Classes at such percentage so that it comes with in 50% when the aggregate reservation in favour of Scheduled Castes, Tribes and Backward Classes put together:
ii.   The State shall conduct a detailed investigation with regard  to backwardness of the population, collect data, invite objections from the general public, analyses the same and then fix the reservation in favour of Backward Classes in accordance with the constitutional scheme.  It shall also review the reservation from time to time;

iii.  The State Election Commission shall commence the process of elections to the local bodies in the State of Andhra Pradesh immediate and shall complete the elections within a period of three months from the date of finalization of the reservation percentage by the State.

iv. All the Writ petitions challenging the validity of amending Acts, providing for appointment of Special Officers for local bodies shall stand dismissed”.

4   The group of Ministers constituted vide G.O.Rt.No.4364, G.A.(Cabinet) Department, dated 18.09.2012 had examined the Orders of both the Hon’ble Supreme Court of India and the Hon’ble High Court of Andhra Pradesh mentioned in foregoing paras and resolved as follows:-
i.      SLP may be preferred before the Supreme Court of India on the above judgment of the Hon’ble High Court of AP dated 04.09.2012 against the cap of 50% on reservation which has resulted into reduction of reservations to backward classes and also against investigations with regard to backwardness of the population.

ii.     Simultaneously it was decided to submit proposals to Government of India for making suitable amendments to the Constitution of India for making suitable amendments to the Constitution of India enhancing the reservations for backward classes from the resultant 23.45% to 34%.

iii.    Proposals may be submitted to Government of India with a request to release Central Government funds due for the local bodies without insisting for conduct of elections to the local bodies, as elections to local bodies could not be held due to pendency of litigations before Courts of Law.  If required the Hon’ble Chief Minister may be requested to lead a delegation to appropriate authorities in Government of India requesting the same.

iv.   If required all political parties meeting may be conducted to discuss the above issues”.
5.         As recommended by the group of Ministers, as per the resolution at  No.1, Special Leave Petition has been filed before the Hon’ble Supreme Court of India vide SLP Nos. 38951-56, by the State Governmen
6.    The Apex Court has granted stay vide its interim order dated 18.02.2013 and the direction of the Apex Court is as follows:-
“   As an interim measure all the political parties to the above proceedings are agreeable that the State of Andhra Pradesh/Election Commission is to proceed with the elections with the existing system.  The main issue will be decided at a later stage.
      In view of the above directions, the directions contained in Clauses (i) and (iii) of paragraph 60 impugned judgment of Hon’ble High court are hereby stayed until further orders”.
7.         Keeping in view of the fact that, the Apex Court has permitted the State Government to proceed with the Elections to Local Bodies based on existing  maximum reservation(with the existing 34% for BCs) and permitting the State Government to consider the existing Backward Classes list for this election also, however, has not interfered with the Order of the Hon’ble High Court of Andhra Pradesh, dated 04.09.2012 i.e. pertaining to conduct a detailed investigation, with regard to the backwardness of the population, collection of data, inviting the objections from the general public, analysis and fixation of reservation in favour of backward classes in accordance with the constitutional scheme and its review from time to time.
8.         In the light of the above and after careful examination of the matter, the State Government have decided to refer the subject of conducting a detailed investigation with regard to the backwardness of the population by colleting data, inviting objections from general public so as to determine the eligibility for reservations under BC category to the A.P. Commission for Backward Classes(APCBC). The Andhra Pradesh Commission for Backward Classes shall complete the investigation in to the patterns of Backwardness in State that are acting as barriers against  political participation. Finally they may identify the communities that need special dispensation  so as to enable them to cross the barriers, if any and participate in political processes under the A.P. Panchayat Raj Act 1994, as required by the judgment of  Supreme Court of India in W.P.(c) No.356/1994.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
                                                                                                Dr. P.K. MOHANTY
                                                                             CHIEF SECRETARY TO GOVERNMENT

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