Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
SUBODH ABHYANKAR, J.
Jayesh Gurnani S/o. Mr. Ravi Gurnani & another - Appellants
Versus
Madhya Pradesh State Election Commission & others - Respondents
Writ Petition No. 12517 of 2021
Decided On : 10-01-2022
Reservation - Municipal Wards - Article 226 - Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994 - Article 243-T of the Constitution of India, Section 11 of the Act of 1956 - [Article 226] - [Reservation of Municipal Wards] - [Article 243-T, Section 11 of the Act of 1956, Rules 3 and 4 of the Reservation Rules of 1994] - The court discussed the constitutional validity of the reservation of Municipal wards and the applicability of rotation system as provided under Article 243-T of the Constitution of India, Section 11 of the Act of 1956, and Rules 3 and 4 of the Reservation Rules of 1994. The court found that the provision of rotation of different seats is indeed provided in the Act as well as the Rules and are in line with the provisions of Article 243-T of the Constitution. The court also emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only. The court quashed the impugned gazette notification regarding the allotment of seat, allowing the State to formulate a policy of reservation of rotation of seats as provided under Article 243-T of the Constitution of India and issue a fresh publication for the conduct of the election.
Fact of the Case:
The petitioners challenged the reservation of Municipal Wards adopted by the respondents No.2 and 3, alleging that the process was illegal, unconstitutional, and irrational. They sought the quashing of the impugned notification dated 06.11.2020 and requested a fresh reservation process to be conducted by following the due process of 'rotation' of wards as prescribed under the Constitution of India, the Act of 1956, and the Reservation Rules of 1994. The petitioners argued that the respondents failed to adopt 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.
Finding of the Court:
The court found that the impugned gazette notification regarding the allotment of seat cannot be sustained in the eyes of the law and quashed it. The court allowed the State to formulate a policy of reservation of rotation of seats as provided under Article 243-T of the Constitution of India and issue a fresh publication for the conduct of the election.
Issues: The sole issue before the court was whether the gazette publication regarding reservation of Municipal wards, issued by the State Government on 06.11.2020, meets the constitutional validity, as provided under Article 243-T of the Constitution of India.
Ratio Decidendi: The court held that the provision of rotation of different seats is indeed provided in the Act as well as the Rules and are in line with the provisions of Article 243-T of the Constitution. The court emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only. The court also found that the impugned gazette notification regarding the allotment of seat cannot be sustained in the eyes of the law and quashed it, allowing the State to formulate a policy of reservation of rotation of seats as provided under Article 243-T of the Constitution of India and issue a fresh publication for the conduct of the election.
Final Decision: Writ Petition No.12517/2021 stands allowed. No costs.
ORDER :
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 06.11.2020 (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:-
7.2 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 31.07.2020 (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 06.11.2020 (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 Pradesh Muni
The court emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only, and quashed the impugned gaze....
The classification of municipal posts based on population percentages must adhere strictly to constitutional mandates and cannot be altered through arbitrary administrative decisions.
The constitutional mandate of reserving not less than one-third of the total number of seats for women and the statutory mandate of having regard to the concentration of population of SCs, STs, and O....
Pre-election challenges to local body delimitation, ward formation and reservation rotation rules barred by constitutional provisions; fresh delimitation valid post-territorial changes; Rule XII rese....
(1) Reservation of Office of Mayor in Municipal Corporation – Legislative intent is to exclude Corporations which were earlier reserved for a particular category until all categories are provided res....
Election - Reservation of seats - It is evident that while clause-1 says that seats shall be reserved for scheduled castes and scheduled tribes in every municipality as per their proportion to total ....
The principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
The main legal principle established in the judgment is the interpretation and application of the 50% reservation limit for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in local sel....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
