Section 152: Reservation of seats of members of Mandal Praja Parishad

Section 152(1):

“In every Mandal Praja Parishad out of the total strength of elected members determined under Section 150, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve—

(a) such number of seats to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Mandal Praja Parishad as the population of the Scheduled Castes, or as the case may be, the Scheduled Tribes in that Mandal bears to the total population of that Mandal and such seats may be allotted by rotation to different constituencies in a Mandal Praja Parishad in the manner prescribed;

(b) [Omitted];

(c) not less than one-third of the total number of seats reserved under clause (a) and sub-section (1A) for women belonging to the Scheduled Castes, Scheduled Tribes or, as the case may be, the Backward Classes;

(d) not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to every Mandal Praja Parishad shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Mandal Praja Parishad in the manner prescribed.”

Section 152(1A):

“In addition to the reservation of seats under sub-section (1), there shall be reserved for the Backward Classes such number of seats as may be allocated to them in each Mandal Praja Parishad in the manner prescribed; so however that the number of offices of members of Mandal Praja Parishads in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of the members of Mandal Praja Parishads in the State. The number of seats allocated to each Mandal Praja Parishad shall be allotted by rotation to different territorial constituencies in the Mandal Praja Parishad.

Provided that it shall be competent for the Government to make special provisions with regard to the manner and quantum of seats to be reserved for Backward Classes in the Mandal Praja Parishad situated either wholly or partly in the Scheduled Areas, by rules made in this behalf.”

Section 152(2):

“Nothing in sub-sections (1) and (1A) shall be deemed to prevent women and members of the Scheduled Castes, Scheduled Tribes or Backward Classes from standing for election to the non-reserved seats in the Mandal Praja Parishad.”

Explained:

Section 152(1)(a): Reservation for Scheduled Castes and Scheduled Tribes

This clause provides for reservation of elected seats for SC and ST communities based, as nearly as possible, on their proportion of the population in the concerned Mandal. The Commissioner determines the reserved seats and publishes the reservation through an official notification, following the prescribed rules.

The provision also permits reserved seats to be rotated among different territorial constituencies. Rotation helps distribute opportunities for representation across constituencies over successive elections.

Section 152(1)(b): Omitted provision

Clause (b) has been omitted through an amendment. It should not be interpreted as an operative reservation category under the current reproduced text. Readers should consult the amended statute rather than rely on older, unamended versions.

Section 152(1)(c): Reservation for Women from Reserved Communities

This clause requires at least one-third of the seats reserved under the relevant provisions for SCs, STs and BCs to be reserved for women belonging to those communities.

Its objective is to address the combined disadvantages that can arise from social exclusion and inadequate participation of women in political decision-making.

Section 152(1)(d): General Reservation for Women

At least one-third of the total directly elected seats in every Mandal Praja Parishad must be reserved for women. The seats reserved for women from SC, ST and BC communities count towards this overall minimum.

This means that the women’s reservation requirement is calculated across the elected seats, rather than being treated as an entirely separate additional quota.

Section 152(1A): Reservation for Backward Classes

Subsection (1A), inserted by the 1995 amendment, provides for reservation of seats for Backward Classes. The original wording refers to a statewide minimum of 34% of the offices of Mandal Parishad members.

However, this historical statutory wording must not be treated as automatically determining the reservation applicable to every present-day election. Constitutional judgments, subsequent amendments, applicable rules and election notifications must also be considered.

The proviso empowers the State Government to make special rules concerning the manner and quantum of BC reservation in Mandal Praja Parishads situated wholly or partly in Scheduled Areas.

Section 152(2): Eligibility to Contest Non-Reserved Seats

This subsection clarifies that reservation does not prevent women or members of SC, ST and BC communities from contesting non-reserved seats.

For example, an eligible woman belonging to a Backward Class may contest a general, non-reserved constituency, subject to the ordinary qualifications and other requirements under election law. Reservation creates opportunities for representation; it does not generally prohibit eligible candidates from these communities from contesting other seats.

3. Important Judgments Relating to Reservation in Panchayat Elections

The following judgments help explain the constitutional principles relevant to Section 152. They are not all direct rulings on the validity of this particular section.

1. Prakasam District Sarpanchas Association v. Government of Andhra Pradesh

In litigation concerning reservation provisions under the Andhra Pradesh Panchayat Raj Act, the constitutional authority to provide reservation for Backward Classes in Panchayats was considered in the context of Article 243D(6). The Andhra Pradesh High Court discussed this constitutional enabling provision and the State legislation providing reservation at different levels of Panchayat administration.

The case is relevant to understanding the constitutional basis for BC reservation in local self-government. The precise holding and subsequent legal developments should be checked before relying on it in a contested matter.

2. Vikas Kishanrao Gawali v. State of Maharashtra (2021) 6 SCC 73

The Supreme Court laid down important requirements for reservation of seats for Other Backward Classes in local bodies. These include establishing a dedicated commission to conduct a rigorous empirical inquiry, determining the appropriate reservation proportion for each local body, and ensuring that the combined vertical reservation for SCs, STs and OBCs ordinarily does not exceed 50%, subject to the recognised exception for Scheduled Areas.

This decision is significant when examining the practical application of statutory BC reservation provisions, including Section 152(1A). The applicable legal position must be assessed against subsequent developments and the rules governing the particular election.

3. Supreme Court order concerning reservation in local bodies, December 2021

In proceedings concerning Maharashtra’s local-body reservation framework, the Supreme Court reiterated the triple-test requirements explained in Vikas Kishanrao Gawali. The order reinforces the importance of empirical assessment, local-body-specific reservation and compliance with the aggregate reservation ceiling.

These principles are relevant when evaluating the legality of a reservation notification. They do not, by themselves, establish that a particular Andhra Pradesh notification is invalid.

4. Practical Importance of Section 152

Section 152 has practical consequences for the conduct of Mandal Praja Parishad elections. Reservation notifications determine which constituencies are designated for particular categories, while rotation affects how those designations may change over time.

A candidate or voter questioning a reservation notification should examine the population data relied upon, the applicable reservation rules, the constituency allocation, the rotation procedure and the authority issuing the notification. Any challenge must also take account of the applicable election-law remedies and procedural deadlines.

The section should be read alongside Section 150, which deals with the division of a Mandal into territorial constituencies, and Section 151, which governs the election of members from those constituencies. Together, these provisions form part of the statutory framework for representation in Mandal Praja Parishads.

Conclusion

Section 152 of the AP Panchayat Raj Act, 1994 is an important provision governing the reservation of elected seats in Mandal Praja Parishads. It addresses representation for SCs, STs, BCs and women, provides for constituency rotation and preserves the eligibility of members of these communities to contest non-reserved seats.

For candidates, election officials and citizens, understanding this section requires more than reading the original statutory wording. The relevant amendments, reservation rules, official notifications and binding Supreme Court judgments must also be considered. This approach helps ensure that reservation is implemented lawfully and that democratic representation remains consistent with the constitutional framework.