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1997 Supreme(Bom) 211

B.H.MARLAPALLE, A.P.SHAH
Parwatibai w/o Madhavrao Molddewad – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.P. SHAH, J. :---The short question which falls for our determination in this writ petition under Article 226 of the Constitution of India is whether the respondent No. 4, who was elected from the ward reserved for general woman category, is entitled to contest the election to the post of President of the Municipal Council which is reserved for the category of Other Backward Class women.

2.The elections to the Municipal Council of Mukhed were held on 19th January, 1997. The Municipal Council of Mukhed consists of 17 councillors elected at the ward elections. Out of the 17 seats, only one seat is reserved for the category of Other Backward Class woman. The petitioner had contested the election from Ward No. 1, which was reserved for Other Backward Class woman and declared elected. The respondent No. 4 contested the election of Ward No. 13 which was reserved for general women and she was also declared elected.

3.Article 243-T of the Constitution provides for reservation of seats in self-governing institutions constituted under Article 243-O. Article 243-T (4) states that the offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Sched




























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