The classification of municipal posts based on population percentages must adhere strictly to constitutional mandates and cannot be altered through arbitrary administrative decisions.

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/Chairman should be rotational.

3. It is further stated that as per the notification dated 16.10.2025 the Mayor post of Giridih Municipal Corporation is reserved for SC Category which is contrary to the Jharkhand Municipal Act, 2011 (herein after referred to as 'Rule 2012') and for this issue one writ petition i.e. W.P. (C) No. 324 of 2018 ( Md. Anwar Ali vs. State of Jharkhand and others ) was filed wherein it is specifically mentioned that the post of Mayor will be rotational.

4. It is further stated that the intervener-petitioner is bona fide resident of Giridih and claiming himself as an OBC Category whose population is larger than all other category, and the seat of Mayor was reserved for SC Category in the election of 2016 and again reserved for SC Category, which is against the principles of natural justice.

5. On the aforesaid backdrop, prayer has been made to allow the instant interlocutory application filed for intervention in writ petition making the intervener a necessary party so that interest of the intervener be saved.

6. Learned counsel appearing for the respondents did not raise objection so far prayer for intervention in the instant writ petition is concerned so that the issue be set at rest. However, he has opposed to the contentions made by learned counsel for the intervener-petitioner on the merit of the matter.

7. In view of the submissions advanced by learned counsel for the parties, the instant intervention application being I.A. No.474 of 2026 is hereby allowed only to the extent that intervener will be treated as necessary party to the present lis.

Prayer in W.P. (C) No.7296 of 2025

8. The instant writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:

“I. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding the Respondent-Authorities, particularly the Department of Urban Development and Housing, Government of Jharkhand, and the State Election Commission, Jharkhand, to reserve the post of Mayor, Dhanbad Municipal Corporation, for the Scheduled Caste category in the forthcoming Urban Local Bodies elections, in strict compliance with: the amended provisions of Section 27 of the Jharkhand Municipal Act, 2011, as substituted by the Jharkhand Municipal (Amendment) Act, 2022; and the population-based reservation policy notified vide Notification No. 3416 dated 16.10.2025, which mandates reservation of the offices of Mayor/Chairperson strictly in descending order of the population of the respective reserved categories.

II. Declare and hold that the classification of Municipal Corporations into Group-A and Group-B, for the purpose of determining reservation of Mayor's offices, is arbitrary, unconstitutional, and ultra vires Article 243-Q of the Consti