The reservation of seats for the Scheduled Castes, Scheduled Tribes, Backward Classes and women in the municipalities and corporations in the State of Jharkhand is constitutionally valid and does not violate Articles 14 and 243T of the Constitution of India.

M.Y. Eqbal, J.

1. No election of municipal corporations, municipalities, Nagar Panchayats and other bodies had taken place in the State of Jharkhand for the last 22 years and it was only after the directions of Courts and demand of public when election programmes of the municipal corporations, municipalities, Nagar Panchayats and other bodies have been announced and published in the Gazette, these writ petitions have been filed challenging the vires of various provisions of Jharkhand Municipal Corporation Act, specially the decision of the State Government and the State Election Commission reserving some of the posts of Mayor, Chairman and Vice-Chair-man of the Municipal Corporation and Municipalities for the scheduled castes, scheduled tribes, backward classes and women.

2. In W.P. (C) No. 917 of 2008, the petitioner has challenged the notification of the State Election Commission dated 28.1.2008 whereby the post of Mayor in Ranchi Municipal Corporation for a woman candidate belonging to scheduled tribes category has been reserved and also the resolution issued by the State Election Commission dated 21.1.2008 by which 50% posts of Chairman of Municipalities have been reserved. By filing an amendment petition, the petitioner has also challenged the vires of Sections 19(ka) and 8(2)(ka) and Section 13(l)(d) of Jharkhand Municipal Corporation Act.

3. In W.P. (PIL) No. 1052 of 2008, the petitioner has challenged the same notification dated 28.1.2008 by which the posts of Chairperson of Seraikela Nagar Panchayat has been reserved for women category. Further prayer has been made for quashing the notification whereby 50% seats have been reserved for scheduled castes, scheduled tribes and other backward classes for women.

4. In W.P. (C) No. 1054 of 2008, the petitioner has challenged the same notification dated 21.1.2008 whereby the posts of Chairman of Bundu Nagar Panchayat has been reserved for a woman belonging to scheduled tribes category. The petitioner has further challenged the decision by which out of 12 wards in the Panchayat, 6 wards have been reserved for scheduled tribes, scheduled castes and backward class candidates as against the distribution of population belonging to general and reserved categories.

5. In W.P. (PIL) No. 1062 of 2008, the petitioner has challenged the same notification dated 28.1.2008 whereby the election process has been notified and also the notification dated 28.1.2008 whereby the post of Chairman of Hazaribagh Municipality has been reserved for women candidates belonging to reserved category. A further direction has also been sought to the election commission not to proceed with the election process.

6. In W.P. (PIL) No. 996 of 2008, the petitioner has challenged the same notification by which the post of Chairman of Lohardaga Municipality has been reserved for scheduled tribe category. The petitioner has further sought a direction to the respondents to reconstitute the wards of Lohardaga Municipality.

7. In W.P. (PIL) No. 1000 of 2008, the petitioner has challenged the same notification by which the post of Chairperson of Giridih Municipality has been reserved for a woman of backward category. The petitioner has further sought for issuance of mandamus directing the respondents to reconstitute the wards in Giridih Municipality as per the provisions of Jharkhand Municipal Act.

8. In W.P. (C) No. 1060 of 2008, the petitioner has challenged the same notification by the State Election Commission whereby the post of Chairman in eight Nagar Panchayats out of sixteen Nagar Panchayats has been reserved for the candidates belonging to scheduled castes, scheduled tribes, backward classes and women candidates. The petitioner has further sought for a declaration that 50% reservation of the post of Chairman is unconstitutional.

9. In W.P. (PIL) No. 1033 of 2008, the petitioner has challenged the notification issued under the signature of Chief Election Commissioner, Jharkhand, Ranchi by which the post of Chair