CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 31-01-2024 Reservation to seats in municipalities as envisaged under Article 243T (6) of the Constitution of India is the question agitated herein. When such a reservation was brought in, to the municipal elections scheduled in the year 2022, a writ petition was filed before this Court. In C.W.J.C. No. 12514 of 2022 and analogous cases the challenge was upheld by judgment dated 04.10.2022 by a Division Bench of this Court. It was held that the Commission for Extremely Backward Classes on whose recommendations and holistic view, the State relied on, was formed, for purposes independent and distinct from examining the political backwardness, as required from the various decisions of the Hon’ble Supreme Court. The Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Class) Act, 1991 (‘Reservation Act’ hereafter, for brevity) was enacted for the purpose of conferring benefits under Article 15(4) & 16(4) of the Constitution of India; and to further the vision therein, as distinguished from Article 243T. It was found that the State of Bihar had not undertaken any independent