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VIVEK SINGH THAKUR
Sunita Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
In instant petition, petitioner has assailed action of respondents-State, allowing respondent No.5 to contest and thereafter elect her as President of Municipal Council Dehra, District Kangra against the seat reserved for Women (General), on the ground that respondent No.5 Sunita Kumari, for belonging to a Scheduled Caste category, was not eligible to contest and seek election as President/Chairperson, which was reserved for Women belonging to General Category.
2. I have heard Mr. Ajay Sharma, learned Senior Advocate, on behalf of petitioner; Mr. Kapil Dev Sood, Senior Advocate, appearing for respondent No.5 and Mr. Hemant Vaid, learned Additional Advocate General, for respondent-State, and have also gone through the material placed before me.
3. Undisputed facts, in present case, are that for conducting elections for Members/Office-bearers of Municipal Councils and Nagar Panchayats in District Kangra, Deputy Commissioner Kangra issued Order dated 4.9.2020, announcing category-wise reservation of the Wards, whereby Ward No.3 Hanuman Mandir was allocated to General Category, whereas Ward No.6 Shiv Mandir was reserved for women.
4. On 17.12.2020, Governme
All women belonging to all categories, irrespective of their religion, race, caste, sex or place of birth, are entitled to contest election for seats meant for all as well as women belonging to Open ....
The main legal point established in the judgment is that reservation is with reference to the category/caste to which the person belongs and not the nature of the constituency from which they were el....
The court mandated that reservation laws for elections must prioritize women in the Scheduled Caste category to ensure compliance with statutory requirements and support gender justice.
A person elected in a general category to a Gram Panchayat can contest for the post of Adhyaksha or Upadhyaksha in a reserved category, as long as they belong to that reserved category.
The constitutional mandate of reserving not less than one-third of the total number of seats for women and the statutory mandate of having regard to the concentration of population of SCs, STs, and O....
The main legal point established in the judgment is that the reservation of seats in Municipal Council elections should adhere to the provisions of the Rules 1999, ensuring co-terminus reservation te....
The reservation and allotment of seats for Panchayat Elections must be made in accordance with the provisions of the Jharkhand Panchayat Raj Act, 2001 and the Jharkhand Panchayat Election Rules, 2001....
The court emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only, and quashed the impugned gaze....
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