JUDGMENT :

S.N. Phukan, C.J. - The writ petitioner has assailed the notification issued by the Housing and Urban Development Department, Government of Orissaon 8.1.1997 under Sub-rule (6) of Rule 67 of the Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Elections) Rules, 1994. The notification is at Annexure-4. By the said notification office of the Chairpersons of some Municipalities has been reserved under Sub-section (4) of Section 47 of the Orissa Municipal Act, 1950 (for short "the Act'). Under the impugned notification the office of the Chairperson of Dhenkanal Municipality was reserved for backward class citizens.

2. According to the writ petitioner, the said notification was issued without taking into consideration the population factor of backward classes of the area, which is the requirement under the constitutional amendment. It has also been stated that from its inception the office was meant for general citizens, but not resereved either for S.C./S.T. or any other category and even after constitutional amendment this office was kept for unreserved category. The petitioner has stated that under the constitutional provision, for reservation of