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2009 Supreme(MP) 1029

DIPAK MISRA, R.K.GUPTA
ASHOK KUMAR MALPANI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared: A.M.Shukla, A.P.Shroti, A.P.SINGH, AJAY MISHRA, P.K.Kaurav, Pradeep Singh, Pratyush Tripathi, R.D.Jain, RAMESHWAR PRASAD SINGH, S.K.KASHYAP, SANJAY AGRAWAL, Sanjay K.Agrawal, Singh, VISHAL DHAGAT,

JUDGMENT

DIPAK MISRA, J.

( 1 ) IN this batch of writ petition, the centroidal issue that has been sought to be assiduously pyramided with immense gloss is that the amendments brought into force in the M. P. Municipal Corporation Act, 1956 (in short 'the 1956 Act')and the M. P. Municipalities Act, 1961 by the M. P. Nagar Palika Vidhi (Sanshodhan)Adhiniyam, 2007 as a consequence of which the reservation in favour of women has increased from 33% to 50%. in Municipal Corporations and Municipalities in the State of m. P. is unsustainable being violative of Arts. 14 and 15 ( 1) of the Constitution and as a sequitur thereof, Rule 3 of the Madhya Pradesh municipalities (Reservation of Wards for scheduled Castes, Scheduled Tribes, Other backward Classes and Women) Rules, 1994 (for brevity 'the 1994 Rules') as amended vide notification dated 3-9-2007 is also unconstitutional. The aforesaid structure of the edifice has led to the prayer declaring the statutory provisions as ultra vires and quashment of the consequent notifications and orders. In spite of various range of asseverations of facts in the writ petitions, the learned counsel for the petitioners restricted the relief to the constitut

























































































































































































































































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