T. CH. SURYA RAO, J.

( 1 ) BOTH these writ petitions have been filed seeking a declaration that Section 23 (1) (c) (i) of the A. P. Municipalities Act, incorporated by means of Act 17 of 1994 is unconstitutional and null and void.

( 2 ) WHILE in Writ Petition No. 2436 of 2000, a further direction is sought, directing the first respondent State to provide 15% reservation to the offices of Chairpersons of the Municipalities to Scheduled Castes, in the other writ petition, a similar direction is sought for providing reservation of 6% to the Scheduled Tribes.

( 3 ) SINCE the respondents are the same and inasmuch as common questions of law are involved in both the writ petitions, they can be disposed of together, albeit the writ petitioners are different.

( 4 ) THE factual matrix, germane for effective adjudication of the contentious issue between the parties inter se may be stated thus :pursuant to the 73rd and 74th amendments to the Constitution of India, the A. P. Panchayat Raj Act 13 of 1994 was enacted and the A. P. Municipalities Act, 1966 was suitably amended under Act 17 of 1994 by the first respondent-State Government, so as to bring them in conformity with the constitutional mandate under the said amendments. Section 23 (1) (b) of the A. P. Municipalities Act was amended providing for reservation to the Scheduled Castes and Scheduled Tribes, women and Backward classes. Under the unamended provisions of the Section 23 (1) (b) of the Act, 15% reservation in the offices of Chairpersons of Municipalities was provided for the Scheduled Castes and 6% reservation was provided for the Scheduled Tribes.

( 5 ) THE percentage of reservation was fixed basing upon the ratio of the Scheduled Tribes and Scheduled Castes population in the State to the total population in the State as a whole. The population of the Schedule Castes in the State is about 15% of the total population and the Scheduled Tribes population in the State is about 6% of the total population. However, under the amended provisions, reservation was fixed for the offices of chairpersons basing upon the ratio of Scheduled Tribes and Scheduled Castes population in the Municipalities of the State to the total population of the Municipalities of the State. In sequel thereto, as against the reservation at 6% and 15% respectively for the Scheduled Tribes and Scheduled Castes, the percentage of reservation was fixed under the amended provisions at below 2% for the Tribes and 10% for the Castes. As a result, out of 109 Municipalities in the State, 11 posts were allotted to the Scheduled Castes and 2 posts were reserved for the Scheduled Tribes by issuing G. O. Ms. No. 71 MA dated 5/02/2000.

( 6 ) THE 73rd amendment to the Constitution of India has introduced Part-IX into the Constitution, where under reservations have been provided to Scheduled Castes and Scheduled Tribes, Women, and Backward classes keeping in view the element of social justice, and that under Article 243-D, the reservations to the elected offices of chairpersons of the Panchayat Raj institutions should be in the ratio of population of the Scheduled Tribes and Scheduled Castes as the case may be to the State s population.

( 7 ) HOWEVER, under Part IX-A introduced by 74th amendment to the Constitution of India, Article 243-T has been incorporated. As per this article, the extent of reservation for Scheduled Tribes and Scheduled Castes, as the case may be shall be as provided by the State Legislature by law. But the State cannot exercise that power arbitrarily, but should exercise the power keeping in view the legislative policy consisting of the local bodies and reflected in Parts IX and IX-A of the Constitution of India. Particularly, when Section 23 (1) (b) of the A. P. Municipalities Act, provided for reservation of 6% and 15% for the Scheduled Tribes and Scheduled Castes, under the amended provisions of Section 23 (1) (c) (i) introduced by the Act 17 of 1994, the percentage of reservation cannot be reduced

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