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TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Sunita Sharma – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
TARLOK SINGH CHAUHAN, J.
1. The writ petition filed by the appellant/writ petitioner assailing the election of respondent No. 5, as the Chairperson of the Municipal Council, Dehra, District Kangra, Himachal Pradesh, has been dismissed and aggrieved thereby, the appellant has filed the instant appeal.
2. The brief facts of the case are that the Deputy Commissioner, Kangra at Dharamshala, Himachal Pradesh, issued office order dated 27.08.2020, as per provisions of Section 10 of the Himachal Pradesh Municipal (Delimitation and Reservation of Wards) Rules, 2015 (for short Rules, 2015) and accordingly reservation of wards was announced category wise for Municipal Councils and Nagar Panchayats of District Kangra, H.P.
3. Thereafter, the Government of Himachal Pradesh issued notification dated 17.12.2020, thereby providing reservation to the offices of Chairpersons in municipalities in District Kangra, H.P.
4. As regards the Chairperson falling in Municipal Council Dehra, District Kangra is concerned, according to the petitioner though the seat was reserved for Woman (General) Category but the same was being occupied by respondent No. 5, who belongs to the Scheduled Castes category
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....
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 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.
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....
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 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....
Election - Reservation of seats - It is evident that while clause-1 says that seats shall be reserved for scheduled castes and scheduled tribes in every municipality as per their proportion to total ....
(1) Reservation of Office of Mayor in Municipal Corporation – Legislative intent is to exclude Corporations which were earlier reserved for a particular category until all categories are provided res....
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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