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The Top Court today dismissed as withdrawn a plea assailing the Government Order and Election Commission Notification rescinding reservations for backward classes and scheduled tribes in the Puducherry local body elections.

Earlier this month, a bench of Justices L Nageswara Rao and BR Gavai had issued notice in the petition filed by Shiva, the Opposition Leader in Puducherry Legislative Assembly, and had asked the respondent authorities to file its reply in two weeks.

Senior Advocate P Wilson, appearing for the petitioner, informed the Court that a Notification dated March 7, 2019, was issued by the Government of Puducherry whereby reservation for backward classes and scheduled tribes for election to local bodies, i.e., municipalities and communal panchayats was provided.

Wilson further told the Court that by way of a notification issued on October 6 and 7, 2021 this notification was rescinded by the government.

At this juncture, the top court bench of Justice Rao and Gavai noticed that challenging the impugned notifications a writ petition was filed before the Madras High Court which was withdrawn in lieu of pendency of connected matters before this court.

"This Writ Petition has been filed under article 32 of the constitution of assailing the notification and consequence of direction to Puducherry to conduct the election with the said reservation....", noted the bench.

The Court found that the connected matters being heard together were on the issues as to whether delimitation was done and whether elections were conducted by the issuance of notification and they had no connection to the reservation policy.

Accordingly, the bench opined that since the instant matter was not related to any of the pending matters, the petition should be withdrawn with the liberty to approach the concerned High Court.

Case Title: Shiva vs. UT of Puducherry