ORDER

1. This petition filed under Article 226 of the Constitution of India takes exception to the entire process of reservation of Municipal Wards adopted by the respondents No.2 and 3 contrary to the procedure prescribed under the Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994 (herein after referred to as “the Reservation Rules, 1994”) and also for quashing the impugned notification dated 6.11.2020 (Annexure P/3) issued by the respondent No.2 (The State of Madhya Pradesh) in pursuance to the Rule 7 of the Rules of 1994, whereby the list of Reserved Wards has been published in the Madhya Pradesh Gazette, finalizing the reservation of Municipal Wards of Indore Municipal Area, without following the due process of “Rotation of Wards”, as required under Rule 4 of the Rules of 1994.

2. According to the petitioners, the process adopted by the respondents for reservation of the Indore Municipal Wards is illegal, unconstitutional and irrational and thus, deserves to be quashed.

3. Brief facts giving rise to the petition are that the petitioners are eligible to cast their votes in the Municipal Elections and also fulfill the eligibility criteria to contest Municipal Elections, as provided under the Madhya Pradesh Municipal Corporation Act, 1956 (herein after referred to as the Act of 1956).

4. Respondent No.1 is the authority responsible to conduct the Municipal Elections for 85 Wards of the Indore Municipal Area in the light of Article 243-K read with Article 243-ZA of the Constitution of India.

5. The following relief has been sought by the petitioners in this petition: -

“7.1 That, the instant writ petition may kindly be allowed and impugned Gazette notification dated 6.11.2020 may kindly be quashed to the extent of the reservation of wards of Indore Municipal Corporation Area;

7.2 That, the respondent no.2 and 3 may kindly be directed to conduct the process of reservation of wards of Indore Municipal Area for upcoming municipal election afresh by following the due process of ‘rotation’ of wards in the letter and spirit as prescribed under the Constitution of India, the Act of 1956 and the Reservation Rules of 1994;

7.3 That, the cost of petition may kindly be awarded to the petitioners and any other order which this Hon’ble Court may consider appropriate, may also be granted in favour of the petitioners.”

6. According to the petitioners, after publication of the notice, as required under Rule 5 of the Reservation Rules of 1994, the respondent No.3 has conducted the reservation process on 31.7.2020 (Annexure P/2) and recorded in writing the entire process adopted for reservation of Indore Municipal Wards, as required under Rule 6 of the Reservation Rules of 1994, but the respondent No.3 erroneously failed in adopting the ‘Rotation’ system while making the reservation of Indore Municipal Wards, as required under Article 243-T of the Constitution of India read with section 11 of the Act of 1956 and the Rules 3 and 4 of the Reservation Rules of 1994. The respondent No.2 has also published a list of reserved wards in the Official gazette on 6.11.2020 (Annexure P/3), which is under challenge in this petition.

7. Thirteen municipal wards which were earlier reserved for Scheduled Caste Category are once again reserved for the same category for the upcoming Indore Municipal Election and three municipal wards which were earlier reserved for Scheduled Tribes Category are again reserved for the said category, which according to the petitioners, is contrary to the mandate of the Article 243-T of the Constitution of India.

8. It is further the case of the petitioners that similar irregularity was also committed while conducting the process of reservation of seats for Mayor and Presidents of Municipal Corporation and Municipalities under the Madhya P