Point of Law: Election - Reservation of seats - It is evident that while clause-1 says that seats shall be reserved for scheduled castes and scheduled tribes in every municipality as per their proportion to total population which seats may be allotted by rotation to different constituencies in a municipality, on other hand, clause-4 states that offices of Chairpersons in municipalities shall be reserved for scheduled castes, scheduled tribes and women in such manner as Legislature of a State may by law provide.

JUDGMENT :

UJJAL BHUYAN, J.

1. Heard Mr. Katneshwarkar, learned counsel for the petitioner; Mrs. M.A. Deshpande, learned Additional Government Pleader for respondent Nos. 1 to 4; Mr. A.B. Kadethankar, learned counsel for respondent No. 5; and Mr. Amol Sawant, learned counsel for respondent No. 6.

2. This matter was heard on 05.05.2021 and today is filed for delivery of judgment.

3. By fling this petition under Articles 226 and 227 of the Constitution of India, petitioner seeks quashing of notification dated 27.11.2019 issued by the Government of Maharashtra in the Urban Development Department in respect of Dhule Municipal Corporation at Sr. No. 22 of the schedule thereto and further seeks a direction to the respondents to reserve the office of Mayor in the Dhule Municipal Corporation for scheduled caste category.

4. Facts are not in dispute and lies within a narrow compass. However for a proper adjudication of the lis those are briefly narrated hereunder.

5. Petitioner belongs to the scheduled caste category and his caste certificate was validated by the caste scrutiny committee. He is a social worker as well as a political activist having been elected as Councillor of Dhule Municipal Corporation for several terms.

6. Elections to the Dhule Municipal Corporation were held on 09.10.2018. Dhule Municipal Corporation comprises of 74 Councillors. The category wise breakup of the 74 seats are as under:-

5 seats - to be elected from scheduled caste category/scheduled caste women category.

7 seats - to be elected from scheduled tribe category/scheduled tribe women category.

20 seats - to be elected from backward class category/backward class women category.

42 seats - to be elected from general category/general women category.

7. Though belonging to the scheduled caste, petitioner contested the election from ward No. 15-C which was earmarked for the general category and got elected as a candidate belonging to the Bharatiya Janata Party. Petitioner has stated that he is an aspirant for the office of Mayor of Dhule Municipal Corporation.

8. Presently, the incumbent in the office of Mayor has been elected from the general category. By the impugned notification dated 27.11.2019, the office of Mayor of Dhule Municipal Corporation for the net term of 2.5 years has been earmarked for backward class of citizens. According to the petitioner, the office of Mayor in the Dhule Municipal Corporation for the net term commencing from about June, 2021 should have been earmarked for the scheduled caste category. It is stated that in the year 2003, the office of Mayor in Dhule Municipal Corporation was kept as an open category. By the government notification dated 23.06.2006 for the net term the office of Mayor of the said Corporation was earmarked for the backward class category. By the net government notification dated 07.05.2008, the said office was again kept as an open category. Thereafter, by the notification dated 24.11.2009 the office of Mayor was earmarked for the scheduled tribe category. For the net term, State Government issued notification dated 26.4.2012 keeping the office of Mayor in the said Corporation for the open category. In the notification published on 26.08.2014, the office of Mayor for Dhule Municipal Corporation for the net term was earmarked for backward class (women) category. Finally, by the notification dated 27.03.2017, the office of Mayor in Dhule Municipal Corporation was earmarked for open category. It is in that background a contention has been raised that the office of Mayor in the Dhule Municipal Corporation for the term commencing from about June, 2021 as per impugned notification dated 27.11.2019, should have been earmarked for the scheduled caste category and could not have been earmarked for backward class category because already the office of Mayor in the Dhule Municipal Corporation was earmarked for the backward class category in 2006 and in 2014. Till date, there has been no reservation for the scheduled caste category.

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