A Bench of justices Altamas Kabir and J Chelameswar,
asked the Commission to consider petitioner Virendra Pratap's
plea to provide the benefit by evaluating the necessary seats
after obtaining relevant data from the Registrar-General of
Census Operations or the petitioner.
The apex court passed the direction while turning down
the plea of Virendra Pratap, a tribal, for providing
proportional representation to the Scheduled Tribes in the
coming Uttar Pradesh Assembly polls.
Counsel for the Commission told the court that the
petitioner's plea for the present polls could not be
considered as it might require about four months to complete
the exercise of reserving seats on the basis of population.
Earlier, the petitioner alleged the Commission had not
discharged its constitutional responsibility in providing
proportional representation to STs on the basis of the 2003
Presidential order for the UP Assembly polls.
Attorney-General G E Vahanvati suggested to the court
that the Registrar-General of Census Operations could release
its data to the Election Commission for considering the
question of reservation of Assembly seats for STs.
On behalf of the Election Commission, it was stated that
despite the Presidential Order of 2003 there was no statutory
legislation or direction to it for proceeding in the matter.
The grievance of the petitioner was that prior to their
inclusion as STs, the communities were identified as
However, after being listed as Scheduled Tribes by
Parliament through the Constitution (Scheduled Tribes) (Uttar
Pradesh) Order, 1967, the newly-created STs failed to get
proportional representation in the 2012 assembly polls.
New Delhi: The Supreme Court has asked the
Election Commission to examine a plea for providing
proportional representations to Scheduled Tribes in Uttar
Pradesh in future assembly elections though it declined to
pass any direction for the coming polls.
First Published: Wednesday, January 11, 2012, 19:32