Mohd. Kaleem vs State of Rajasthan - 2010 Supreme(Raj) 282

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Raj) 282

[Citation : 2010(1) RLW 988 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Mohd. Kaleem & Anr. Vs. State of Rajasthan & Ors. (Bhalla, CJ.)
HON'BLE JAGDISH BHALLA, CJ.
HON'BLE M.N. BHANDARI, J.
Mohd. Kaleem & Anr.
Versus
State of Rajasthan & Ors.
D.B. Civil Writ Petition Nos. 11900 & 12935 of 2009, decided on 05.03.2010

Advocates Appeared
Anoop Dhand and S.R. Yadav, for Petitioners;
S.N. Kumawat, Additional Advocate General, for State;
R.B. Mathur, for Respondent No.5-State Election Commission

Headnote:(a) Rajasthan Municipalities Act, 1959, Sec. 6, 7, 21; Rajasthan Municipali-ties (Election) Rules, 1994, Rule 5, 6 and Rajasthan Municipalities Bill, 2009, Sec. 6, 7, 21-A read with Constitution of India, Art. 14, 16 and 243 — Reservation of seats in Municipal election in favour of women raised from one third to one half of the total seats meant for Schedule Caste, Scheduled Tribe, Backward classes — Held — Reservation to Scheduled Caste and Schedule Tribe is in proportion to the population — Above one third of the total seats, women can be given reservation but then it should not be out of proportion — Reservation to any category and caste should be rational and not excessive — Amended provisions struck down being ultra-vires. (Paras 18)
        ¼d½ jktLFkku uxj ikfydk vf/kfu;e] 1959] /kkjk 6] 7] 21( jktLFkku uxj ikfydk ¼pquko½ fu;e] 1994] fu;e 5] 6 vkSj jktLFkku uxj ikfydk fo/ks;d] 2009] /kkjk 6] 7] 21-d lifBr Hkkjr dk lafo/kku] vuqPNsn 14] 16 vkSj 243 & uxj ikfydk pquko esa vuqlwfpr tkfr] vuqlwfpr tu tkfr ,oa vU; fiNM+s oxZ ds fy, lhVksa ds ,d frgkbZ vkj{k.k dks c<+kdj efgykvksa ds i{k esa vk/kk vkj{k.k djuk & vfHkfu/kkZfjr & vuqlwfpr tkfr ,oa vuqlwfpr tu tkfr ds fy, vkj{k.k tula[;k ds vuqikr esa gS & efgykvksa dks dqy lhVksa ds ,d frgkbZ ls Åij vkj{k.k fn;k tk ldrk gS ysfdu ;g vuqikr ds ckgj ugha gksuk pkfg, & fdlh Hkh Js.kh vkSj tkfr ds fy, vkj{k.k rdZ laxr gksuk pkfg,] u fd vR;f/kd &lakksf/kr izko/kkuksa dks vf/kdkjkrhr gksus ds dkj.k vfHk[kf.Mr fd;kA ¼in la- 18½
       (b) Rajasthan Municipalities Act, 1959, Sec. 21; Rajasthan Municipalities (Election) Rules, 1994, Rule 5, 6 and Rajasthan Municipalities Bill, 2009, Sec. 21-A read with Constitution of India, Art. 14 — Constitutional validity of Sec. 21-A — On certain seats candidates between the age of 21 to 35 years alone would be eligible to contest the election — As per amended provisions of Sec. 21-A of the Act, out of every five seats one seat would be kept for a candidate between the age of 21 to 35 years — Held — Since the particular seat would be having a specific qualification of the member, it can be done by way of reservation only — Certain seats have been reserved for candidate of a particular age group — Such reservation is not in consonance with the provisions of constitution and violative of Art. 14 — Sec. 21-A is ultra vires of the Constitution. (Para 25)
       Writ petition disposed of.
        ¼[k½ jktLFkku uxj ikfydk vf/kfu;e] 1959] /kkjk 21( jktLFkku uxj ikfydk ¼pquko½ fu;e] 1994] fu;e 5] 6 vkSj jktLFkku uxj ikfydk fo/ks;d] 2009] /kkjk 21-d lifBr Hkkjr dk lafo/kku] vuqPNsn 14 & /kkjk 21-d dh laoS/kkfud fof/k ekU;rk & dfri; lhVksa ij dsoy 21 ls 35 o"kZ dh vk;q oxZ ds vH;FkhZ gh pquko yM+us ds fy, vfgZr gksaxs & vf/kfu;e dh /kkjk 21-d ds lakksf/kr izko/kkuksa ds vuqlkj izR;sd ikap lhVksa esa ls ,d lhV 21 ls 35 o"kZ dh vk; oxZ ds vH;fFkZ;ksa ds fy, j[kh tk;sxh & vfHkfu/kkZfjr & pwafd lhV foks"k] lnL; dh fofufnZ"V ;ksX;rk okyh gksxh] vr% bls dsoy vkj{k.k ds ek/;e ls gh fd;k tk ldrk gS & dfri; lhVksa dks ,d vk;q oxZ foks"k ds vH;fFkZ;ksa ds fy, vkjf{kr fd;k x;k gS & ,slk vkj{k.k lafo/kku ds izko/kkuksa ds vuq:i ugha gS] vr% vuqPNsn 14 dk mYya?kudkjh gS & /kkjk 21-d lafo/kku ds vf/kdkjkrhr gSA ¼in la- 25½
       ;kfpdk fuLrkfjr dhA

Hon'ble BHALLA, CJ.—Since in both the writ petitions similar issues are involved, they are decided by this common judgment.

2. By way of these writ petitions a challenge has been given to the amendment made in the Rajasthan Municipalities Act. Two amendments have been made pursuant to the Rajasthan Municipalities Bill, 2009. First challenge pertains to amendment in section 6, wherein, sub-sections (6) and (7) have been amended. The amendment, so made, reads as under:

“6. Composition of Municipality. - (1) to (5) ......

(6) One half of the seats reserved for the Scheduled Castes or the Scheduled Tribes or the Backward Classes shall be reserved for the women belonging to such Castes, Tribes or, as the case may be, Classes.

(7) One half including the number of seats reserved under sub-section (6) of the total number of seats shall be reserved for women”

3. As a consequence of the aforesaid amendment in the Act, amendment under the Rajasthan Municipalities (Election) Rules, 1994 has been made. Rules 5 and 6, as amended, read as under:

“2. Amendment of rule 5.-In rule 5 of the Rajasthan Municipalities (Election) Rules, 1994, hereinafter referred as the rules, -

(i) in sub-rule (4) for the existing expression “one-third”, the expression “one-half” shall be substituted.

(ii) in sub-rule (7) for the existing expression “one-third”, the expression “one-half” shall be substituted.

(iii) in sub-rule (10) for the existing expression “one-third”, the expression “one-half” shall be substituted.

(iv) in sub-rule (11) for the existing expression “one-third”, the expression “one-half” shall be substituted.

3. Amendment of rule 6.-In rule 6 of the said rules, -

(i) in sub-rule (2) for the existing expression “one third” the expression “one half” shall be substituted.

(ii) in sub-rule (3) for the existing expression “one third” the expression “one half” shall be substituted.”

4. Apart from the aforesaid challenge, a further challenge has been made to the amended provisions of section 21A (after the existing clause 21 and before the existing clause 22) of the Rajasthan Municipalities Act. Section 21A, as added, reads as under:

“21A. Special qualification for election on certain seats.-Notwithstanding anything to the contrary contained in any provision of this Act or of any other law for the time being in force, a person shall not be eligible for election on such seats in a Municipality, as may be determined by the State Government in the prescribed manner, unless he or she is within the age group of twenty one years to thirty five years and is otherwise eligible for election on such seats:

Provided that -

(i) not more than two seats each from the seats reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes or women in a Municipality shall be determined under this section;

(ii) where number of seats reserved in a Municipality for any of the Scheduled Castes, Scheduled Tribes, Backward Classes or women is three or less than three, only one seat from such Castes, Tribes, Classes or, as the case may be, women shall be determined under this section;

(iii) where number of unreserved seats in a Municipality is five or less than five, only one from such seats shall be determined under this section; and

(iv) where the number of unreserved seats in a Municipality is more than five, one seat out of each block of five such seats shall be determined under this section and any fraction of less than five seats shall be ignored.”

5. The consequential amendment was made in the Rajasthan Municipalities (Election) Rules, wherein, Rule 7A was inserted, which reads as under:

“7A. Determination of seats under section 21A.- The officer, after having determined the seats for Scheduled Castes, Scheduled Tribes, Backward Classes and Women, shall determine the seats for the persons having qualification as specified in section 21A of the Act, by draw of lots.”

6. The challenge to the amendments have been made mainly on the ground that it is hit by Articles 14 and 15 of the Constitu

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