The main legal point established in the judgment is that reservation of seats for women in the 2020 Municipal General Election must be in accordance with the statutory provisions, and the Election Commission must adhere to the prescribed formula for reservation.

JUDGMENT :

Arijit Banerjee, J.

The issue involved in this matter pertains to the 2020 Municipal General Election in South Dumdum Municipality which is scheduled to be held sometime later this month. Ward no. 29 in South Dum Dum Municipality has been reserved for general category woman candidate. It is not in dispute that the same Ward was reserved for women in the last municipal election also which was held in 2015. The contention of the writ petitioner before the Learned Single Judge was that there cannot be reservation of a particular constituency for women for two consecutive terms. Reservation, if any, must be by rotation. The case of the writ petitioner is summarised in Paragraph 23 of the writ petition which reads as follows:-

"The petitioner states that the Ward no. 29 was reserved for general category woman candidate for the 2015 Municipal Election. Section 29 Sub-Section (3) of the West Bengal Municipal Act, 1994, inter Alia specifies that not less than one-third of the total number of seats will be reserved for woman, "and such seats may be allotted by rotation to different constituencies of that Municipality by the Commission." This being the substantive section purports and intends that the same Ward should not be reserved for two consecutive terms for woman candidate. If the same Ward of the Municipality is reserved for woman for terms the consecutive intention of the legislature including "by rotation" in substantive the statute will be lost and not achieved. Therefore, by reserving the Ward No. 29 for general woman category candidates for consecutive terms would be contrary to Section 29(3) of the West Bengal Municipal Act, 1994, and as such should be de-reserved so that the petitioner, being a general category male candidate may contest the ensuing Municipal Election from Ward no. 29."

2. After recording the arguments for the respective parties, the Learned Single Judge concluded as follows:-

"Petitioner's challenge is that reservation for women has to be given by rotation. Ward no. 29 was reserved for women on elections held in year 2015. It is again being reserved for women. The basis of reservations for both, the elections held and to be held, is population figures from Census, 2011. There has been no change in number of seats nor number of constituencies. As such, the working of the mechanism provided by the rules, it not allowing for deviation from the roster provided in the Second Schedule, if correctly applied, cannot yield application of different continuous seat serial numbers in the same Municipality on the same number of seats and constituencies, to same Ward in consecutive second term election. It appears, the Commission has proceeded erroneously. More so, because Court understands, reservation for women in elections is to be l/3rd of all seats taken together. The Second Schedule makes it clear that it provides for manner of reservation going on total number of seats, from which reservation shall be made on continuous seat serial numbers, as to be applied to Scheduled Castes, Schedules Tribes and general category, for reserving seats for women by rotation.

The challenge succeeds. Order dated 10th February, 2020 is set aside and quashed. The Commission will forthwith work out the reservation and issue draft by order and thereupon final order."

3. The West Bengal State Election Commission has assailed the aforesaid order in this appeal.

4. Appearing in support of the appeal, Mr. J.K. Mitra, Learned Senior Advocate, drew our attention to Article 243-T of the Constitution of India which provides for reservation of seats for Scheduled Caste, Scheduled Tribes and women in a Municipality. Effect has been given to this Article by Section 29 of the West Bengal Municipal Elections Act, 1994. The relevant sub-sections of Section 29 provides as follows:-

"(1) If any Municipal Electoral Registration Officer, Assistan