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2016 Supreme(Online)(Chh) 170

CHHATTISGARH HIGH COURT
, J
Pushpa Gendare v. State of Chhattisgarh and Others


Table of Content
1. legality and reservation in mayoral elections (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding existing reservations (Para 6 , 7 , 8)
3. procedures and statutes discussed regarding reservations (Para 9 , 10 , 11 , 12)
4. principles of harmonious construction (Para 22 , 25)
5. court's decision and directive for reservation compliance (Para 31)

1. The petitioner, who is a voter of the Municipal Corporation, Bhilai - Charoda and belongs to Scheduled Caste (Woman) Category, has called in question the legality and validity of the notification dated 27-8-2015 (Annexure - P - 1), whereby acting under sub-rule (3) of R.9 of the Chhattisgarh Municipalities (Reservation of Office of Mayor and President) Rules, 1999 (henceforth 'the Rules, 1999'), the State Government has reserved the post of Mayor of Municipal Corporation, Bhilai - Charoda for the candidates belonging to the Scheduled Caste Category. The petitioner claims that the said post should have been reserved for Scheduled Caste (woman) category.

2. Brief facts, necessary to be referred for determination of the issue involved in the present writ petition, are that by notification dated 8-6-2015 issued under S. 7 of the Ch

































































































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