Rule. Heard forth.

2. The petitioner is a Councillor of the Ahmednagar Municipal Corporation and was also the Chairman of the Standing Council of the Ahmednagar Municipal Corporation. According to the petitioner, the petition has been filed for the purpose of challenging the legality and the validity of the reservations declared by respondent No.3 for Scheduled Castes, Scheduled Tribes, Other Backward Classes including seats reserved for women. The petitioner has stated that the basis for reserving the wards for S.C., S.T. and O.B.C, is the respective population of that category in the concerned ward. The formation of wards for the Ahmednagar Municipal Corporation is under progress and as long as the wards are not finalised, it is not possible to determine the population of any ward much less the population of any particular category in that ward. As the very basis of reservation is population of the ward and as the population of the ward is yet to be determined, the reserved wards cannot be determined.

. The petitioner, therefore, by the present petition has sought relief, to quash and set aside the reservations for S.C., S.T., O.B.C., and women as notified by respondent No.3 and issue necessary orders for the said purpose. The further relief sought for is by way of mandamus or directions to direct respondent Nos. 2 and 3 who are the Ahmednagar Municipal Corporation and its Officers to determine the reservation of the wards of the Ahmednagar Municipal Corporation in terms of Section 5A of the Bombay Provincial Municipal Corporation Act, 1949, after the formation of the wards and issue necessary orders for the said purpose.

3. The basic contention, therefore, of the petitioner is that unless wards are first finalised, no reservation can be made wardwise, as the population of S.C., S.T., and O.B.C., and like figures in the wards would not be available.

4. Respondent No.4 is the State Election Commission, who have filed their affidavit through its Under Secretary. It is set out therein that Section 5A of the Bombay Provincial Municipal Corporations Act, 1949, hereafter referred to as "Act", provides that the total number of reservations for S.C., S.T., categories be based on the population of the said category vis-à-vis the total number of seats and the total population. The seat for the concerned reserved category is to be calculated as per the following formula:-

Number of = Population of the Total number

Seats of reserved concerned X of seats

Category category --------------------------------

Total population

By applying such formula, the seats are calculated for the S.C., and S.T., categories. 27% seats for Backward Class of Citizens. Not less than one third seats are to be earmarked for women including women belonging to the categories of S.C., S.T., and Backward Class of citizens. It is set out that the Section 5 of the Corporation Act provides for constitution of corporation. Sub-section (2) lays down the number of Councillors to be elected based on the population of the city and sub section (3) deals with the wards into which the city shall be divided for the purpose of wardwise election of Councillors. Considering the provisions, it is contended that reservation is required to be published so as to enable the public at large, to have information regarding reservation. Section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 makes it mandatory on the State Election Commission to specify the reservation in the draft notification. It has been the standard practice of the State Election Commission since its establishment in 1994, to declare the reservation of the wards at the time of draft notification, in order to appraise the citizens of the city of the provisional reservation so as to enable them to submit their objections and suggestions. The State Election Commission is therefore following the same policy for Municipal Council and Corporation, Zilla Parishad,