The Challenge & Resistance

1. All these petitions pertain to the reservation of seats of Councillors in the Municipal Corporation of Delhi [MCD] for scheduled castes and women. The forthcoming election of the MCD would be conducted on the basis of this reservation and allotment of seats. The petitioners are those who intended to contest in the next election to be held on 05.04.2007 but, have allegedly been shut out because the wards from where they wanted to contest have been allotted to either scheduled castes or women.

2. In these writ petitions the common challenge is to the Notification dated 17.02.2007 bearing F.No. SEC/MCD/Admn./2007/3938 issued by the Election Commissioner of The National Capital Territory of Delhi in purported exercise of powers conferred by sub-sections (7) and (8) of section 3 of The Delhi Municipal Corporation Act, 1957 (hereinafter referred to as "the DMC Act") read with the Government of India, Ministry of Home Affairs Notification No. U-14011/187/93-Delhi dated 14.12.19931, whereby the number of seats to be reserved for women belonging to the Scheduled Castes from amongst the seats reserved for the Scheduled Castes were de