The High Court on Friday sought the Delhi Election Commissions response on a plea that challenged the earmarking of seats as reserved for Scheduled Castes (SC) in the April elections to the Municipal Corporation of Delhi (MCD).
A bench of Justices Sanjay Kishan Kaul and Rajiv Shakdher issued notice to the poll panel on a petition by Bharatiya Janata Party (BJP) councillor Anil Yadav and advocate Kuldeep Singh,who sought quashing of the January 27 notification reserving seats for the Scheduled Castes.
The poll panel,which sought a weeks time to file its reply,was also directed not to issue any more notifications regarding the upcoming elections without informing the court.
The petitioners contended in the plea that the notification was arbitrary,malafide and without any logic as the Commission had reserved seats for the Scheduled Castes on the basis of the 2001 Census and not the 2011 Census.
Arguing that there was no rationale for the earmarking of seats for the Scheduled Castes,the petition submitted that the panel should take into consideration the average population of the Scheduled Castes in a ward on the basis of the 2011 Census.
The petition also said that the Election Commission had arbitrarily issued the notification reserving the seats on the basis of the 2001 Census reserving those seats where the SC population is only 12 per cent,and marking those as general seats where the SC population is more than 40 per cent.
Yadav faces party ire,served notice
Anil Yadav,BJP councillor from Kapashera faced the ire of his partys high command on Friday for appealing in the High Court against the reservation of seats.
Leader of the House in the Municipal Corporation of Delhi (MCD),Subhash Arya,served notice to the councillor for going against the party line.
Sources said the senior BJP leader was miffed with Yadav for not consulting the party leadership before moving court.
As per allocation of seats by the Delhi EC,Yadavs seat has been reserved for a minority community candidate.