[ 3685 ]
GOVERNMENT OF PUDUCHERRY
LOCAL ADMINISTRATION SECRETARIAT
(G.O. Ms. No. 67/LAS/2021, Puducherry, dated 17th December 2021)
NOTIFICATION
Whereas, Article 243-D and 243-T of the Constitution provides for
reservation of seats for Scheduled Castes/Scheduled Tribes;
And whereas, Article 243-D (6) and 243-T (6) of the Constitution enables
the State Government to provide for reservation of seats in Local Bodies in favour
of backward class of citizens;
And whereas, the Government of Puducherry, has already provided
reservation to the Scheduled Castes and in respect of backward classes provision
has been made under sub-section (8) of section 9 of the Puducherry Municipalities
Act, 1973 and under sub-section (8) of section 11 of the Puducherry Village and
Commune Panchayats Act, 1973;
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
E≈©A ÿkπX|
EXTRAORDINAIRE
EXTRAORDINARY
∂]ÔV´D ÿ√u≈
Publiée par
Published by
ÿkπX|
Autorité
Authority
®ı
Amflºƒˆ
A>[˛wÁ\
2021 }
ΩƒD√Ï |
22 {
No.
305
Poudouchéry
Mercredi
22
Décembre
2021 (1 Pausa 1943)
No.
Puducherry
Wednesday
22nd
December
2021
3686
LA GAZETTE DE L’ETAT
[ PART-I
3686
And whereas, the Hon’ble Supreme Court in its Order, dated 11th May, 2010
in W.P.(C) No. 356 of 1994 in K. Krishnamurthy and others Vs. Union of India had
held that the upper ceiling of 50% vertical reservations in favour of SC/ST/OBC
should not be breached in the context of Local Self-Government and emphasized
for collection of empirical data to fix quantum of reservation;
And whereas, the Hon’ble Supreme Court in its Order, dated 08th May, 2018
in the Civil Appeal Nos. 4994-4995 of 2018 in the Chief Secretary, Government of
Puducherry Vs. J. Anandalakshmi and others had held that both the Constitutional
position as well as the State Act make it clear that the reservation for Scheduled
Castes and Scheduled Tribes is based on population, whereas, if, provision has to
be made for backward classes, it is left to the States to do so, if, they so desire;
And whereas, the Hon’ble Supreme Court in its Judgement, dated 04th
March, 2021 in W.P.(C) No. 980 of 2019 and W.P.(C) No. 981 of 2019, W.P.(C)
No. 1408 of 2019 and W.P.(C) No. 743 of 2020 in Vikas Kishanrao Gawali Vs. State
of Maharashtra and others had emphasized that reservation for OBC shall be
followed by the recommendations of a dedicated commission set up to conduct
contemporaneous rigorous empirical enquiry into the nature and implication of the
backwardness qua Local Bodies, within the State;
And whereas, various public interest litigations have been filed before the
Hon’ble First Bench of the High Court of Judicature at Madras in W.P. Nos. 21067,
21117 and 21708 of 2021 and W.M.P. Nos. 22326, 22327, 22383, 22382, 22890 and
22891 of 2021 against the Government of Puducherry, State Election Commission,
and the Local Administration Department of Puducherry, and the Hon’ble High Court
has ordered in those cases to carry out the Elections as expeditiously as possible
in terms of the Order of the Hon’ble Supreme Court in Contempt Petition No. 2364
of 2021, dated 05th April, 2021 and the Hon’ble High Court had also granted
permission to issue fresh Election notifications rescinding the earlier notifications
in G.O. Ms. No. 47/LAS/2019, dated 07th March 2019 and G.O. Ms. No. 48/LAS/2019,
dated 07th March 2019 of the Local Administration Secretariat, Puducherry;
Now, therefore, the Lieutenant-Governor, Puducherry, is pleased to
constitute a Single Member Commission by appointing Justice Mr. K. K. Sasidharan,
a Retired Judge of the Hon’ble High Court of Judicature at Madras to recommend
appropriate reservation for Other Backward Classes within a period of six months
with the following:
TERMS OF REFERENCE
(1) To conduct contemporaneous rigorous inquiry into nature and
implications of the other backwardness qua Local Bodies, within the
Union territory of Puducherry;
(2) To ascertain the proportion of population of Other Backward Class of
citizens, in rural areas i.e., Village/Taluk/District wise and in urban areas
i.e., Ward wise in Municipal Council/Commune Panchayats and Village
Panchayats in the Union territory of Puducherry, on the basis of
records, reports, survey and other available data;
(3) To investigate such other matters as the Government may hereinafter
refer to the Commission in this context;
(4) To submit a report to the Government by recording the facts and
observations and thereby making suitable recommendations;
PART-I ]
LA GAZETTE DE L’ETAT
3687
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.
Further the Commission may-
(a) obtain such information or statistics as considered necessary for the
purpose of the Commission in such form and manner as it deems
appropriate from various authorities, organizations or individuals as
may in the opinion of the Commission be of assistance;
(b) avail opinion of experts and researchers by holding meetings with them
and also get assistance of research institutions as and when felt
necessary for analysis of the empirical data and also for the efficient
and qualitative functioning of the Commission;
(c) visit such parts of the Union territory of Puducherry, as it may be
deemed necessary or convenient for obtaining any information or data
or documents or otherwise;
(d) record the evidences and contentions lead by the individuals as and
when found necessary during the course of investigation;
(e) to determine the quantum of reservation required to be provided local
body wise and in any case such reservation shall not exceed aggregate
of 50 per cent of the total seats reserved in favour of SCs/STs/OBCs
taken together;
(f) the Commission may also take a decision as deemed necessary for
arriving at reasonable conclusions to achieve the objects of reservation.
The Secretariat (Local Administration) shall arrange to provide necessary
infrastructure including staff and funds to the Commission for the above said
purpose.
Justice Mr. K. K. Sasidharan, Judge (Retired), High Court of Judicature at
Madras, per month shall be paid with a salary equivalent to the salary last pay
drawn minus pension. An air conditioned Innova Car will be provided to Justice
Mr. K. K. Sasidharan, till the submission of the report to the Government.
(By order of the Lieutenant-Governor)
RAVIDEEP SINGH CHAHAR,
Joint Secretary to Government
(Local Administration).
————