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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, C.J., SUJIT NARAYAN PRASAD
Santanu Kumar Chandra, S/o. Late Baleshwar Ram – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. intervenor claims right to contest reservation issue. (Para 1 , 2 , 4 , 5) |
| 2. arguments regarding the need for sc reservation in mayoral posts. (Para 6 , 30 , 31 , 36) |
| 3. statistical background of dhanbad regarding sc population. (Para 11 , 20 , 38 , 84) |
| 4. discussion on constitutional provisions regarding municipalities. (Para 55 , 57 , 61 , 62) |
| 5. conclusion stating dismissal of petition. (Para 130) |
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No. 474 of 2026
1. The instant Interlocutory Application has been filed by one Irshad Ahmad, to intervene in this writ petition for adjudication of the matter of reservation in Mayor/Chairman Post in Giridih Municipal Corporation.
2. It is stated that intervener-petitioner belongs to [Other Backward Class] OBC category living in the township of Giridih where population of OBC Category is larger than another category i.e., 65.24% as per census of 2011. It is further stated that earlier, prior to 2016, Giridih Township was in 'Municipality Area' and now it became 'Municipal Corporation' where the post of Mayor/Chairman was reserved for the SC Category and again reserved for the same which is contrary to the law that the post of Mayor/Ch
The classification of municipal posts based on population percentages must adhere strictly to constitutional mandates and cannot be altered through arbitrary administrative decisions.
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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....
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 ....
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 principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.
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....
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