The main legal point established in the judgment is that the reservation of seats in Municipal Council elections should adhere to the provisions of the Rules 1999, ensuring co-terminus reservation terms and rotation system for subsequent reservations.

ORDER VIJAY KUMAR SHUKLA, J. – The instant petition has been preferred under Article 226 of the Constitution of India, seeking a direction to the respondents No. 1 and 2, to conduct election of the Municipal Council, Sanchi District Raisen, as per notification published in the M.P. Gazette on 21-10-2014. The petitioner is also seeking a direction that the notification dated 11-12-2020 be made effective from the election to be held in year 2026.

2. The petitioner is an Ex-President of the Municipal Council, Sanchi and he served as President of the Municipal Council from the year 2008 to 2013 for a period of five years. Municipal Council, Sanchi was established in the year 1998 and ever since the same has been reserved for the Scheduled Caste (SC), quoted as per the Rules called Madhya Pradesh Municipalities (Reservation of the Office of Mayor and President) Rules, 1999 [hereafter referred to as “the Rules 1999”].

3. The contention of the petitioner is that the last election of the Municipal Council was held in the year 2013 on the basis of notification issued under Rules 1999. In the said election the post of the President of Municipal Council, Sanchi was reserved for SC (female). The terms of the said Municipal Council was up to the year 2018. In the meantime, a notification under the Rules 1999 was issued on 21-10-2014, in which the seat of the President of the Municipal Council, Sanchi was reserved for SC (female). After completion of the term of the Municipal Council, the election was not held, due to administrative reasons, and now the impugned notification has been issued under Rules 1999, and again by the Notification dated 11-12-2020, the seat of the President of the Municipal Council, Sanchi has been reserved for SC (female).

4. It is contended that as per Rule 7 of the Rules 1999, if reservation is made in a Municipality under Rules 5 and 6, whereas an elected Corporation or Council exists, then such Corporation or Council shall be be affected by such reservation and such reservation shall be deemed to be effective for the purpose of next general election of such Municipality. It is further contended that in the election held in the year 2013, the seat was reserved for SC (female). Thereafter, during existence of the Municipal Council a notification was issued on 21-10-2014, wherein the seat was reserved for SC (male). Therefore, as per Rule 7 of the Rules 1999, the said notification should be made effective in the upcoming election of the Municipal Council, Sanchi and the reservation which was notified on 11-12-2020, should be made effective in the next general election of the year 2026.

5. The respondents have filed reply and submitted that the reservation was carried out in the year 1999 in which the seat of the President of the Municipal Council, Sanchi was reserved for SC (female), and at a particular time there was existing Council, therefore, the said notification was applicable in the election held in the year 2013.

6. It is stated that the election conducted in the year 2013 was within a period of five years from the date of notification issued under the Rules 1999. Subsequently, a fresh notification was issued on 21-10-2014 and following the rotation system the seat of the President of Municipal Council, Sanchi was reserved for SC (male). At that time, there was existing Council, therefore, the said reservation was not made applicable in the said Council and the same was required to be implemented in the next election which ought to have been held in the year 2018. It is further canvassed that due to some administrative reasons, the election could not be held from the year 2018 till date. In the meantime, the term of the reservation which was held in the year 2014, came to an end in the year 2019, in view of the Rules 1999 read with section 36 of the M. P. Municipalities Act, 1961 [for short, “the Act of 1961”] and, therefore, there is no illegality in the notification, dated 11-12-2020, whereby the seat of