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1997 Supreme(Bom) 204

B.H.MARLAPALLE, A.P.SHAH
Abdul Rashid Khan Mamoo – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.P. SHAH, J. :---This petition under Article 226 of the Constitution of India raises an important question of law in the matter of reservation of the offices of Mayor in the Municipal Corporations in the State of Maharashtra under section 19(1A) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter called the Act) read with the Maharashtra Municipal Corporations (Reservation of Offices of Mayor) Rules, 1994.

2.The elections to the Municipal Corporation of Aurangabad were held on 16th April, 1995. The Municipal Corporation of Aurangabad consists of 82 Councillors elected at the ward elections. Out of 82 seats, only one seat of Councillor being ward No. 55, Kotwalpura, was reserved for Scheduled Tribes. The petitioner had contested the elections and got elected from ward No. 55 which was reserved for the candidate of Scheduled Tribe. The respondent No. 5 was elected from ward No. 56, which was a general category ward and the respondent No. 6 was elected from ward No. 53, which was reserved for woman (general).

3.Article 243-T of the Constitution provides for reservation of seats in self-governing institutions constituted under Article 243-O. Article 243-T



































































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