Bangalore Nov. 14 (DC): Rejecting the draft ordinance sent by the state government on the quota for the forthcoming taluk and zilla panchayat polls, Governor H.R. Bhardwaj on Saturday observed that the state government should not function in an arbitrary manner. He advised the government to discuss the quota issue in the legislature session and take a final decision. This is the second time the Govenor has rejected the quota proposal, which pertains to the reservation for OBCs in the polls.

Mr Bhardwaj took strong exception to the state government ignoring the Supreme Court order while fixing the reservation matrix for panchayatraj bodies and said, “I would like to remind the government that the State has to secure the welfare of weaker sections of society without violating the law laid down by the Apex Court of the land. In my view, the government cannot be allowed to function arbitrarily while discharging its constitutional functions by showing disregard for Supreme Court decisions quoted on the subject."

While citing the judgement of the Apex Court given on May 10, the governor said the government had failed to enclose a copy of the advice or opinion of the Advocate General along with the proposal. “Even the opinion of the law secretary is not recorded in the submission note," Mr Bhardwaj said while expressing his dissent.

While reiterating his commitment to the empowerment of weaker sections of society, he said the government should now find a way out of the deadlock. He advised the government to discuss the issue in the legislature instead of the Cabinet taking a decision. "I find that it is a fit case for the government to discuss the amendment on the floor of the Legislature rather than impressing upon the Governor to commit a serious Constitutional impropriety by promulgating an Ordinance under Article 213(1) of the Constitution,” he said.

Reacting to the issue, Janata Dal (S) working president, P.G.R. Sindhia said that the government should go to the Apex Court and argue that the reservation was meant for a political purpose. "How could Tamil Nadu provide 63 per cent reservation? They displayed political will. The BJP government should also go back to the court and appeal for a relief. If they make a sincere effort, the Apex Court may agree to their request,” he said.