Whether to keep a village panchayat for three successive five years unreserved for pradhan post is legal

Please direct concerned not make mockery of law of land and constitution of India.

Mahesh Pratap Singh Yogi M P Singh yogimpsingh@gmail.com

AttachmentsNov 3 (4 days ago)

to pmosbsupremecourturgent-actionhgovupcsupcmupuphrclkolokayukta
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 .

Mahesh Pratap Singh Yogi M P Singh yogimpsingh@gmail.com

Attachments11:31 PM (8 minutes ago)

to pmosbsupremecourturgent-actionhgovupcsupcmupuphrclkolokayukta
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.   

Mahesh Pratap Singh Yogi M P Singh yogimpsingh@gmail.com

Attachments11:36 PM (3 minutes ago)

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2 comments on Whether to keep a village panchayat for three successive five years unreserved for pradhan post is legal

  1. 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.

  2. Most surprising that government wants to provide share to poor and downtrodden section in the representation but only on paper as ipsofacto obvious that a village panchayat remained unreserved for three consecutive five years when cyclic order reservation is enforced which prescribes gram panchayats will be reserved in the cyclic order. How the wheel of cyclic order reservation couldn't reach to Neebi Gaharwar gram panchayat in three successive five years terms.?

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