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2020 Supreme(Raj) 652

SABINA, CHANDRA KUMAR SONGARA
Yogendra Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Abhinav Sharma, Lokesh Kumar Sharma and Naina Saraf, Advocates
For the Respondents:M.S. Singhvi, Advocate General, Darsh Pareek, Sheetanshu Sharma, Nikhil Simlote, Advocates on behalf of R.B. Mathur, Advocate

JUDGMENT :

(Through Video Conferencing)

1. Vide this order above mentioned petitions would be disposed of as the controversy involved in all the cases is the same.

2. Petitioners have filed the petitions under Article 226 of the Constitution of India challenging the notification dated 20.10.2019. In some of the petitions vires of subsequent notification dated 13.10.2020 has also been challenged. The controversy involved in the petitions relates to reservation of seats for the post of Chairpersons of various Municipalities in the State.

3. Learned counsel for the petitioners have submitted that the post of Chairperson on the basis of reservation of various Municipalities should be filled up by way of rotation. Learned counsel have submitted that as per Article 243T(6) of the Constitution of India, nothing shall prevent the legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities. As per Clause (4) of the said provision, the offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may, by law, pr

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