Whether it is not corruption that a gram panchayat may remain unreserved for three successive term

 

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Yogi
M P Singh
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Surekapuram , Jabalpur Road, Sangmohal post office
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The
matter is concerned with village panchayat -Neebi Gaharwar, Development
block-Chhanbey, District-Mirzapur, Uttar Pradesh, India.
 1-Provide reason to remain three successive
five-year term unreserved of the aforementioned gram panchayat pradhan post.
2-Provide
reason of never reserving pradhan post for backward caste when cyclic order
reservation is enforced.
3-Provide
measures taken by the state election commission to curb rampant corruption in
the reservation process of pradhan post.
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Mahesh Pratap Singh Yogi M P Singh

                                      <yogimpsingh@gmail.com>

To make unreserved a gram panchayat pradhan post for third successive five year term is blatant abuse of power by constitutional functionaries.
1 message
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 12 November 2015 at 22:34
To: pmosb <pmosb@pmo.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, “hgovup@up.nic.in” <hgovup@up.nic.in>, csup <csup@up.nic.in>, cmup <cmup@up.nic.in>, uphrclko <uphrclko@yahoo.co.in>, lokayukta@hotmail.com, “State Election Commission U.P” <addlsecup@gmail.com>, “J.P. Singh” <addl1secup@gmail.com>
 Insofar as the State of Uttar Pradesh is concerned, we find that the rotation policy had been followed in four subsequent elections and the cycle of rotation itself had been substantially completed. How it substantially completed when Neebi Gaharwar village panchayat made third time unreserved. Matter is concerned with village panchayat -Neebi Gaharwar ,Development block-Chhanbey ,District-Mirzapur,Uttar Pradesh, India.
12 November 2015
21:12
With due respect your appellant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that
The learned counsel appearing on behalf of the petitioners sought to draw sustenance from a judgment rendered by a Division Bench of the Bombay High Court in Prashant Bansilal Bamb Vs State of Maharashtra13. The Division Bench held that in light of the previous statement made before the Bombay High Court by the State Election Commission coupled with the provisions of the State Rules of 1996 which mandated rotation of seats amongst reserved categories.
2-It is submitted before the Hon’ble Sir that
the State Election Commission was bound to act in accordance with the rules. The judgment referred to, in our opinion, is clearly distinguishable inasmuch as in an earlier round of litigation before the Bombay High Court, the State Election Commission had made an affirmation on oath that it would implement the rotation policy from the next elections.
3-It is submitted before the Hon’ble Sir that
While the Rules, which fell for consideration, had been promulgated in 1996, the first elections had taken place in 1997 and the elections thereafter were to be held in 2007. It was in the above factual backdrop that the above decision came to be rendered.
4-It is submitted before the Hon’ble Sir that
 Insofar as the State of Uttar Pradesh is concerned, we find that the rotation policy had been followed in four subsequent elections and the cycle of rotation itself had been substantially completed. More importantly, we are faced with a statutory amendment which, while not doing away with the system of rotation only bids all to treat the ensuing elections to be the first elections and consequently provide that rotation would commence afresh. In the light of the above distinguishing features, we find that the judgment of the Bombay High Court does not carry the case of the petitioners any further. Whether in the name of first election or rotation would commence afresh ,Gram pradhan post in Neebi Gaharwar village panchayat will be made third time unreserved. Why ordinary backward class was deprived from the representation in Neebi Gaharwar village panchayat and if rotation would commence afresh ,then Gram pradhan post must be reserved for scheduled caste.
5-It is submitted before the Hon’ble Sir that
PART E : Conclusion
For these reasons, we have come to the conclusion that there is no merit in the challenge which has been addressed before the Court and that the petitions would have to be dismissed. The Government Order dated 16 September 2015 is only consequential to the amendment of the Rules. No separate ground of challenge is urged.
The petitions are accordingly dismissed. However, in the circumstances of the case, there shall be no order as to costs.
9 October 2015
AHA
(Dr D Y Chandrachud, CJ)
(Yashwant Varma, J)
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook  the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
                           ‘Yours  sincerely
                            Yogi M. P. Singh
Mohalla-Surekapuram, Jabalpur Road District-Mirzapur , Uttar Pradesh ,India .

 

3 attachments
Gmail – Mockery of reservation policy of Government in three tier panchayat system_.pdf
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Gmail – Please direct concerned not make mockery of law of land and constitution of India_.pdf
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State Election Commission__UP.pdf
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Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Please direct concerned not make mockery of law of land and constitution of India.
3 messages
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 3 November 2015 at 14:18
To: pmosb <pmosb@pmo.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, “hgovup@up.nic.in” <hgovup@up.nic.in>, csup <csup@up.nic.in>, cmup <cmup@up.nic.in>, uphrclko <uphrclko@yahoo.co.in>, lokayukta@hotmail.com
Concerned may take it as prior notice if the matter is brought up before the court of law by your applicant. Whether a gram pradhan post can be unreserved in the village panchaayat for three successive five years whereas cyclic order reservation is enforced in the state. Stand of Government of Uttar Pradesh was justified by the High court of Judicature at Allahabad in regard to statutory law made by state government regarding cyclic order reservation .
03 November 2015
01:44
Matter is concerned with village panchaayat-Neebi Gaharwar , Post-Neebi Gaharwar ,Block-Chhanbey ,District-Mirzapur ,State-Uttar Pradesh . How the post of Gram pradhan can remain unreserved for third five year  successively.
With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that rule of law requires the government should be subject to law, rather than the law subject to the government. But here in the Government of Uttar Pradesh ,there is sheer anarchy. How the interest of poor and downtrodden section can be safeguarded if there is arbitrariness in the dealings of public functionaries. How a gram pachaayat chairman/gram pradhan post can remain unreserved for three successive five years if cyclic order reservation is being really pursued by the public functionaries in spirit.
2-It is submitted before the Hon’ble Sir that In Indian Constitution, Rule of Law has been adopted under the Preamble where the ideals of justice, liberty and equality are enshrined. The Constitution has been made the supreme law of the country and other laws are required to be in conformity with the
Constitution. Nonetheless, the courts have the onus to declare any law invalid, which is found in violation of any provision of the Constitution. Here this question arises that whether the benefit of reservation reached to backward class in the village panchaayat Neebi Gaharwar if not why ? What is the goal of statutory law made by state government of Uttar Pradesh if it is against the basic spirit of cyclic order reservation. Whether the statutory law made by government of Uttar Pradesh didn’t give more discretion to bureaucrats consequently increased the arbitrariness in the working of public authority.
3-It is submitted before the Hon’ble Sir that 9 October 2015 AHA  (Dr D Y Chandrachud, CJ)  (Yashwant Varma, J) 
Similarly, Rule 5 provides for the allotment of offices of pradhans by rotation amongst the Scheduled Castes, Scheduled Tribes and Other Backward Classes in the following manner:
“5. Allotment of offices by rotation:-(1) The number of offices of Pradhans as computed in Rule 3 for the Scheduled Tribes, the Scheduled Castes and the Other Backward Classes of citizens shall be distributed Khand-wise for being allotted to the constituent Gram Panchayats in the following manner, – 
(a) the number of offices of Pradhans for the Scheduled Tribes in the Khand shall bear, as nearly as may be, the same proportion to the number of offices of Pradhans as computed in Rule (3) as their population in the Khand bears to their total population in the State.
(b) the number of offices of Pradhans for the Scheduled Castes in the Khand shall bear as nearly as may be, the same proportion to the total number of offices of Pradhans in the Khand as their population in the Khand bears to the total population of the Khand, subject to be maximum of the ratio of their population in the State, to the total population of the State;
Provided that in the case of undistributed numbers of offices of Pradhans as computed in Rule (3) shall be redistributed amongst only those Khands where the proportion of their population in the total population of the Khand exceeds the proportion of their population in the total population of the State, in the descending order of the ratio of their population in the total population of the Khand.
(c) The number of offices of Pradhans for Other Backward Classes of citizens in the Khand shall bear as nearly as may be, the same proportion to the total number of offices of Pradhans in the Khand as their population in the Khand bears to the total population of the Khand:
Provided that the number of offices of Pradhans reserved for Other Backward Classes in a Khand shall not exceed twenty-seven percent of the total number of offices of Pradhans in the Khand:
Provided further that in the case of undistributed numbers of offices of Pradhans as computed in Rule 3 shall be redistributed amongst only those Khands, where the proportion of their population in the total population of the Khand exceeds the proportion of their population in the total population of the State, in the descending order of the ratio of their population in the total population of the Khand.
(2) The number of offices of Pradhan for the Scheduled Tribes, the Scheduled Castes and the Backward Classes as determined in sub-rule (1) shall be allotted to different Gram Panchayats in the Khand on the basis of the ratio of their population in the Panchayat area to the total population of the Panchayat area, in the descending order, that is, from amongst the Gram Panchayats in the Khand, the Gram Panchayat in whose territorial area the ratio of population of the Scheduled Tribes is highest shall be allotted to them, and the Gram Panchayat in whose territorial area the ratio of population of the Scheduled Castes is highest shall be allotted to them, and the Gram Panchayat in whose territorial area the ratio of population of the Backward Classes is highest shall be allotted to them and in the subsequent election the allotment shall be made in the aforesaid manner, so however, that, as far as may be, the Gram Panchayat allotted in the previous election to the Scheduled Tribes shall not be allotted to the Scheduled Tribes, and the Gram Panchayat allotted in the previous elections to the Scheduled Castes shall not be allotted to the Scheduled Castes and the Gram Panchayat allotted in the previous elections to the Backward Classes shall not be allotted to the Backward Classes; 
Provided that if the population of the Scheduled Tribes or the Scheduled Castes or Backward Classes in the Panchayat area is less than two, the office of Pradhan of the Gram Panchayat for such Panchayat area shall not be allotted to the Scheduled Tribes, the Scheduled Castes or the Backward Classes, as the case may be.
(3) Not less than one-third of the Gram Panchayats allotted to the Scheduled Tribes, the Scheduled Castes or the Backward Classes under sub-rule (2) shall be allotted to the women belonging to the Scheduled Tribes, the Scheduled Castes or the Backward Classes, as the case may be.
(4) Not less than one-third of the total number of the offices of Pradhans in the Khand including the number of offices of Pradhans reserved for women under sub-rule (3) shall be allotted to women so however that the territorial areas of the Gram Panchayats allotted to them have the largest population, excluding the population of the Scheduled Tribes, the Scheduled Castes and the Backward Classes shall be allotted to them and in the subsequent election, the allotment shall be made in the aforesaid manner so however that, as far as may be, the Gram Panchayats allotted to women in the previous elections shall not be allotted to women. 
(5) The provisions of sub-rules (1), (2) and (3) of Rule 4 shall mutatis mutandis apply to the allotments of offices of Pradhan and this rule.”
4-It is submitted before the Hon’ble Sir that backward class covers  the larger portion of the population of the village panchaayat Neebi Gaharwar but still deprived from the representation of village panchaayat Neebi Gaharwar. This is well planned conspiracy of corrupt officers of the district to deprive this section by hatching conspiracy with the corrupts. This is root cause that in following proposal no inclusion of backward class like Yadav , Nai ,Kumhaar ,Soni and others.
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5-It is submitted before the Hon’ble Sir that  Rule Of Law & Access to Justice and apart from the statement of generalities, it embraces a body of specific detail.”2 It is this detail that furnishes the foundation for a pragmatic system of governance. The editors of Prof. de-Smith explain its content: “that laws as enacted by Parliament be faithfully executed by officials; that orders of courts should be obeyed; that individuals wishing to enforce the law should have reasonable access to the courts; that no person should be condemned unheard, and that power should not be arbitrarily exercised.”3 As Wade4 says that the rule of law requires the government should be subject to law, rather than the law subject to the government.
                                             This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook  the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
                           ‘Yours  sincerely
                            Yogi M. P. Singh
Mohalla-Surekapuram, Jabalpur Road District-Mirzapur , Uttar Pradesh ,India .

 

2 attachments
Gmail – Mockery of reservation policy of Government in three tier panchayat system_.pdf
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One lakh bungled by Santosh Dhar Dubey.pdf
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Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 7 November 2015 at 23:31
To: pmosb <pmosb@pmo.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, “hgovup@up.nic.in” <hgovup@up.nic.in>, csup <csup@up.nic.in>, cmup <cmup@up.nic.in>, uphrclko <uphrclko@yahoo.co.in>, lokayukta@hotmail.com
Please take a glance of attached list of Gram Pradhan post for various Gram panchayat of block- Chhanbey in which Gram Pradhan post of Neebi Gaharwar village panchaayat  is made third time unreserved by making the mockery of cyclic order reservation system in local bodies election.
[Quoted text hidden]

 

State Election Commission__UP.pdf
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Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 7 November 2015 at 23:36
To: addl1secup@gmail.com, addlsecup@gmail.com
[Quoted text hidden]

 

State Election Commission__UP.pdf
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Yogi
1 year ago

The matter is concerned with village panchayat -Neebi Gaharwar, Development block-Chhanbey, District-Mirzapur, Uttar Pradesh, India.
1-Provide reason to remain three successive five-year term unreserved of the aforementioned gram panchayat pradhan post.
2-Provide reason of never reserving pradhan post for backward caste when cyclic order reservation is enforced.
3-Provide measures taken by the state election commission to curb rampant corruption in the reservation process of pradhan post.

Preeti Singh
1 year ago

Where is the rule of law if a gram panchayat, grma pradhan seat was made general three successive terms?
Rule Of Law & Access to Justice and apart from the statement of generalities, it embraces a body of specific detail.”2 It is this detail that furnishes the foundation for a pragmatic system of governance. The editors of Prof. de-Smith explain its content: “that laws as enacted by Parliament be faithfully executed by officials; that orders of courts should be obeyed; that individuals wishing to enforce the law should have reasonable access to the courts; that no person should be condemned unheard, and that power should not be arbitrarily exercised.”3 As Wade4 says that the rule of law requires the government should be subject to law, rather than the law subject to the government.

Beerbhadra Singh
1 year ago

According to our public functionaries they have enforced cyclic order reservation for every Gram Panchayat then he must reveal that how the gram panchayat nibi gaharwar has been made general three times successively which means wheel of the cyclic reservation is not moving or it means for the particular Gram Panchayat wheel has been stopped, whether our government functionaries are not interested to provide the benefit of reservation to the weaker and downtrodden section if not how they have enforced Tyrannya for a particular village panchayat which implies complete lawlessness and Anarchy in the bureaucratic system in this largest democracy in the world.