The reservation for women in the Municipality Act includes all categories of women, irrespective of whether they are from exclusively reserved seats or unreserved seats.

ORDER : – This petition under Article 226 of the Constitution of India has been filed by the petitioners (both of whom are the Councillors in the Municipal Council, Anjad, District Barwani, MP) against the inaction on the part of the respondents to fill in the vacancy of the President of Municipality, Anjad, District Barwani, seeking the following relief : –

“(1) That, the Hon’ble Court be pleased to issue the writ in the nature of mandamus, order, direction, directing the respondent No. 1 to communicate forthwith to respondent No. 2 about the vacancy arose on the post of the President of the Municipality, Anjad on account of death of the President of Municipality, Anjad as per section 37(1) of the Municipality Act, 1961. (2) That, the Hon’ble Court be pleased to issue the writ in the nature of mandamus, order, direction, directing the respondent No. 2 to hold elections for the Post of President of Municipality, Anjad at the earliest in terms of section 37 of the Municipality Act, 1961. (3) That, the Hon’ble Court be pleased to issue the writ in the nature of mandamus, order, direction, directing respondent to nominate the President as per reservation roaster in terms of section 37(2) of the Municipality Act, 1961. (4) That, the Hon’ble Court be pleased to issue the writ in the nature of mandamus, order, direction, directing the respondent to nominate the Councillor of Ward No. 3 i.e. petitioner No. 2 to discharge power and functions of the President of the Municipality, Anjad in terms section 37(2) of the Municipality Act, 1961 till the vacancy fulfilled in terms of section 37(1) of the Municipality Act, 1961. (5) Costs of this petition be awarded to the petitioner. (6) Any other relief, which the Hon’ble Court deems fit in the facts and circumstances of the case, be granted to the petitioner.”

2. The petition has been subsequently amended and order dated 28-6-2021 (Annexure P/10) passed by respondent/State of Madhya Pradesh, appointing Smt. Manjula Rakesh Patidar, who is nominated as the President of the Municipal Council, Anjad District Barwani (MP), has also been challenged.

3. In brief, the facts giving rise to the present petition are that in the year 2018, the elections for the post of President and Councillors for the Municipality, Anjad, District Barwani (MP) were held and on 29-1-2018, the result was declared in which Smt. Santosh Shekhar Chand Patni was declared as the President of the said Municipality. However, on account of spread of COVID-19, Smt. Santosh w/o Shekhar Chand Patni suffered from Corona and passed away on 26-4-2021 (Annexure P/4). Another Councillor, (Gyarsi Bai w/o Babulal) of Ward No. 7 also passed away on 4-8-2020. On 4-5-2021, vide Annexure P/6 a communication was made by the Collector, Barwani, who has recommended the name of Councillor of Ward No. 3 (petitioner No. 2 herein) to be nominated for the post of President, as per provisions of section 37 of the Madhya Pradesh Municipality Act, 1961; and thereafter, as no order was passed in respect of petitioner No. 2, nominating her as the President, a representation was also submitted by eleven councellors of the said Municipality on 18-6-2021 (Annexures P/7, P/8 and P/9 ), however, no orders were passed.

4. The present petition was filed on 23-6-2021, however, subsequently when the President was appointed by the respondent vide order dated 28-6-2021 (Annexure P/10), the petition has also been amended, assailing the aforesaid order, whereby Smt. Manjula Rakesh Patidar, Councillor of Ward No. 4 has been nominated as the President of the Municipality till the next order, or till the elections are held.

5. Shri Veer Kumar Jain, learned Senior Counsel assisted by Shri Akshat Pahadia has assailed the order dated 28-6-2021 (Annexure P/10) of appointment/ nomination of the President on the ground that it has been passed in violation of section 29-B(4) as also section 37(2) of the Madhya Pradesh Municipalities Act, 1961 (herein after referred to as the ‘A