In the High Court of Jharkhand, several writ petitions were filed to challenge the constitutional validity of the PESA Act, 1996 and certain other provisions of the Jharkhand Panchayati Raj Act, 2001. With regard to the PESA, the main challenge was directed against the second proviso to Section 4(g) whereby all the seats of Chairpersons of Panchayats at all three tiers in Scheduled Areas are to be reserved in favour of Scheduled Tribes. The High Court of Jharkhand had declared these provisions as unconstitutional which was challenged in teh Supreme Court. The Supreme Court has now overturned the High Court ruling and held these provisions as valid. Brief details below:
In the Supreme Court of India Civil Appellate Jurisdiction Civil Appeal Nos. 484-491 of 2006 Union of India etc. ….APPELLANT Versus Rakesh Kumar and Ors.,etc ….RESPONDENTS "the proviso to Section 4(g) of PESA Act and Sections 21(B), 40(B) and 55(B) of Jharkhand Panchayat Reservation Act, 2001 are held to be constitutionally valid. We also hold that Sections 17(B)(2), 36(B)(2) and 51(B)(2) of the Jharkhand Panchayat Reservation Act, 2001 are constitutionally valid provisions.....the State Election Commission of the State of Jharkhand is directed to conduct elections for the Panchayati Raj Institutions (PRIs) as early as possible. January 12, 2010.
