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2022 Supreme(Mad) 385

MUNISHWAR NATH BHANDARI, P.D.AUDIKESAVALU
Bahujan Samaj Party Rep. by its State Secretary A. C. Sathiyamoorthy No. 20/51, Venugopal Samy Street Perambur, Chennai – Appellant
Versus
Additional Chief Secretary to Government Municipal Administration and Water Supply (Election) Department, Government of Tamil Nadu Secretariat, Fort. St. George, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.Vijendran
For the Respondents:Mr.R.Shanmugasundaram Advocate General, assisted by Mr.P.Muthukumar Special Government Pleader, Mr.S.Sivashanmugam, Mrs.Karthika Ashok,

ORDER :

Munishwar Nath Bhandari, J.

By this writ petition, challenge is made to G.O.(Ms) No.10 dated 17.01.2022 to reserve the post of Mayor for different Municipal Corporations. The petitioner has made challenge to the reservation of the post of Mayor for Avadi Municipal Corporation.

2. Learned counsel for the petitioner submits that the reservation to the wards of Municipal Corporation and the post Chairperson has to be provided as mandated by Article 243-T of the Constitution of India. Making specific reference to Article 243-T(4), he submits that the offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. He submits that to provide reservation to the post of Chairpersons in the Municipalities, no legislation was brought by the State and thereby, in the absence of it, reservation to the post of Mayor in question could not have been provided under the Tamil Nadu Town Panchayats, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The Rules are framed in the admini

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