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2024 Supreme(Online)(Pat) 1888
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17053 of 2022 ======================================================
Harinarayan Sharma son of Bachhu Sharma resident of Madho Bihari Lane, Salempur Chapra, P.O. and P.S. Chapra, District- Saran at Chapra.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Principal Secretary, Backward and Extremely Backward Class Welfare Department, Government of Bihar, Patna.
4. The State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.
5. The State Election Commissioner, The State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna.
6. The Secretary, The State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna.
7. The Extremely Backward Class Commission, Bihar, Patna-cum-Dedicated Commission through the Chairman.
8. The Chairman, The Extremely Backward Class Commission, Bihar, Patna-
cum-Dedicated Commission.
9. The Secretary, The Extremely Backward Class Commission, Bihar, Patna-
cum- Dedicated Commission.
10. Uma Shankar Paswan, Son of Seetaram Paswan Resident of Kalambagh Road, Pankha Toli, P.S.- Kazi Muhammadpur, District- Muzaffarpur.
Councilor, ward No.- 25.
11. Kanhaiya Kumar, Son of Bansilal Shah Resident of Mafat Lal Lane, Motijheel, P.S-Town Thana, District Muzaffarpur, Councilor, ward No. 23.
12. Abhimanyu Kumar, Son of Chandrama Singh Chauhan, Resident of Mohalla Majhaulia, Near 05 No Gumti, Majhaulia, Ward No-10, P.S. Kazi Muhammadpur, District- Muzaffarpur, Councilor Ward No.-10
13. Rajeev Kumar, Son of Rabindra Prasad Ray, Resident of Mohalla-
Damuchak in front S.D.O Residence, P.S. Kazi Muhammadpur, District Muzaffarpur. Councilor, Ward No- 28
14. Amit Ranjan, Son of Digvijay Kumar Singh, Resident of Mohalla- East of S.P Kothi, Sikandarpur, Naya Tola, Muzaffarpur, P.S- Nagar Thana, District-
Muzaffarpur Councilor, Ward No-14
15. Umesh Kumar Gupta, son of Madan Mohan Prasad, Resident of Mohalla-
Ward No-1, Police Line Road, Nathuni Bhagat, Shiv Mandir, Baikunthpuri, M.I.T, P.S- Brahmapura, District- Muzaffarpur Councilor, Ward No-1
16. Rashmi Raut, daughter of Mukarri, chandwara, muzaffarpur, P.S-
Mithanpura, District Muzaffarpur. Councilor, Ward No.-16
17. Meera Devi, wife of Ganesh Ram, C/o Dr. Ajay Prasad, Yogiamath (saraiyaganj), Opposite Railway Training School Barhanpura, Muzaffarpur, P.S Town Thana, District -Muzaffarpur Councilor, Ward No.-11
18. Archana Pandit, wife of Shashi Bhushan Pandit, Resident of Mohalla-
Kalibari Road, Teen Pokhariya, Malighat, Muzaffarpur, P.S- Mithanpura, District-Muzaffarpur. Councilor, Ward No-42
19. Sushma Devi, wife of Santosh Kumar, 309, Shanti Sadan, Anandpuri, B.B Ganj, Naunihal Gali, Bhagwanpur, P.S.- Sadar District- Muzaffarpur.
Councilor, Ward No-07
20. Rajkumari Devi, wife of Chote Lal Gupta, Khadi Bhandar Chowk, Patel Nagar, Musahri, Muzaffarpur, P.S.- Mithanpura, District- Muzaffarpur.
Councilor, Ward No.-47
21. Shobha Devi, wife of Tribhuvan Ray, Resident of Mohalla Motijheel, Ayodhya Prasad Lane, P.S.- Nagar Thana, Muzaffarpur, District-
Muzaffarpur. Councilor, Ward No.-24
22. Punita Devi, wife of Rohit Kumar, Resident of Mohalla, 598, Club Road, Ramna, Musahri, Muzaffarpur, P.S.- Mithanpura, District Muzaffarpur.
Councilor, Ward No-35
23. Raushan Khatoon, wife of Mohammad Ayub, Resident of Mohalla 139, Road No. 2, Bakshi Colony, Maripur, Muzaffarpur, P.S.-Kazi Muhammadpur, District- Muzaffarpur Councilor, Ward No-8.
24. Ganita Devi, wife of Dipchandra Sahani, Resident of Near Rajnarayan Singh College, Balughat, Braham Asthan, Bhagwanpur, Muzaffarpur, P.S- Town Thana, District- Muzaffarpur Councilor, Ward No-15
25. Mamta Kumari, wife of Sanjeet Kumar, Brahmapur, Daudpur Kothi, M.I.T, Muzaffarpur, P.S-Brahmapura, District- Muzaffarpur Councilor, Ward No.-
12
26. Mangal Sahni, Son of Chhakauri Sahni, Resident of Mohalla Kanti kasba, Muzaffarpur, P.S- Town Thana, District Muzaffarpur. Councilor, Ward No.-
17
27. Priya Ranjan Singh, Son of Amarnath Singh, Resident of Mohalla Naya Tola, Near Rajkiya Madhya Vidyalaya, Speaker Road, P.S- Kazi Muhammadpur, District- Muzaffarpur. Councilor, Ward No.-26
28. Enamul Haque, Son of Anwarul Haque, Resident of Power House Chowk, Maripur, P.S.- Kazi Muhammadpur, District Muzaffarpur. Councilor, Ward No.-9
29. Punam Devi, wife of Bandhu Kumar, Resident of near Sri Ram mandir, Parmanandpur, muzaffarpur, P.S. Town Thana, District Muzaffarpur Councilor, Ward No-19
30. Sanju Devi, wife of Dheeraj Kumar, Resident of Nai Bazaar, Ali Mirza road, P.S.- Town Thana, District -Muzaffarpur Councilor, Ward No-18
31. Pinki Kumari, wife of Rajesh Kumar, Resident of Mohalla Sikandarpur, Ghee Centre, Muzaffarpur, P.S.- Nagar Thana, District- Muzaffarpur.
Councilor, Ward No-13 ... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 4223 of 2023 ======================================================
Sunil Kumar S/o Shyam Nandan Rai, R/o Paharpur, Police Colony, Saheb Ka Ghar, P.S. Anisabad, District Patna, Bihar Pincode- 800002.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
800001.
2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 800001.
3. The Deputy Secretary, Urban Development and Housing Department, Government of Bihar, Patna 800001.
4. The Secretary, State Election Commission, Bihar, Sone Bhawan, Veer Chand Patel Marg, Patna 800001.
5. Nirmala Devi, Wife of Shivshankar Prasad Sahu, Resident of Ward No. 22, Partitola, Kedarnath Road, Muzaffarpur, Kalyani, Naya Toli, Muzaffarpur.
At present Mayor of Muzaffarpur Municipal Corporation, Muzaffarpur.
6. Anita Devi, Wife of Manoj Kumar, Resident of Doctor Colony, Khandakpar, Bihar, Nalanda. At present Mayor of Biharsharif Municipal Corporation, Nalanda.
7. Raunak Jahan Perwez Wife of Md. Arif Hussain, Resident of Mehsaul Got, Rampur Lachmi, District - Sitamarhi. At present Mayor of Sitamarhi Municipal Corporation, Sitamarhi.
8. Lakshmi Devi, Wife of Mukesh Thakur, Resident of Ward No. 23, Ring Bandh, Hospital Road, Sitamarhi, Bhawdepur Sitamarhi. At present Ward Councillor of Ward No. 14, Sitamarhi Municipal Corporation, Sitamarhi.
9. Rani Devi, Wife of Ranjay Kumar, Resident of Mirchaipatti, Chakmahila, Sitamarhi. At present Ward Councillor of Ward No. 09, Sitamarhi Municipal Corporation, Sitamarhi.
10. Mousam Afreen, Wife of Md. Rahmat Ali, Resident of Mela Road, Bhawdepur, Chakmahila, Sitamarhi. At present Ward Councillor of Ward No. 13, Sitamarhi Municipal Corporation, Sitamarhi.
11. Md. Nasim Ansari, Son of Zamir Ansari, Resident of Ward No. 10, village-
Rajopati, P.S. - Sitamarhi, Chakmilha, District - Sitamarhi. At present Ward Councillor of Ward No. 32, Sitamarhi Municipal Corporation, Sitamarhi.
12. Geeta Devi, Wife of Pramod Singh, Resident of Chhatauni, P.S. - Chhatauni, District - Sheohar. At present Ward Councillor of Ward No. 12, Sitamarhi Municipal Corporation, Sitamarhi.
13. Lalan Prasad, Son of Stayanarayan Ray, Resident of Yadav Nagar, Dumra, Chakmahila, District - Sitamarhi. At present Ward Councillor of Ward No.
08, Sitamarhi Municipal Corporation, Sitamarhi.
14. Md. Yusuf Ansari, Son of Md. Haidar Ansari, Resident of Aziznagar Ward No. 3, West Punaura, District - Sitamarhi. At present Ward Councillor of Ward No. 5, Sitamarhi Municipal Corporation, Sitamarhi.
15. Amritesh Kumar Mishra, Son of Jagdishwari Prasad Mishra @ Basant, Resident of Main Road, Shankar Chowk, Ward No. 18, Near M.R.D. Girl High School, Sitamarhi, Chakmahila, District - Sitamarhi. At present Ward Councillor of Ward No. 11, Sitamarhi Municipal Corporation, Sitamarhi.
16. Seema Devi, Wife of Dharamjay Kumar Gupta, resident of Village- Wasilpur Ward no. 5, P.S. - Arwal, District - Arwal.
... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 5806 of 2023 ======================================================
1. Prof. Ram Bali Singh S/o Late Ramanand Singh, R/o Vill. Ojha Bigha, P.O.
Baidrabad, P.S. Arwal, Dist. Arwal.
2. Kishori Das, S/o Late Bhakhalu Das, R/o Vill. East Lohanipur, Ambedkar Colony, P.S. Kadam Kuan, Patna-800003.
3. Mahendra Kumar s/o Sri Parmeshwar Mahto, East Laxmi Nagar Khemnichak, P.S. Ram Krishna Nagar, Near Jaganpura, Patna.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna-
800001.
2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna-800001.
3. The Deputy Secretary, Urban Development and Housing Department, Govt.
of Bihar, Patna-800001.
4. The Secretary, State Election Commission, Bihar, Sone Bhawan, Veer Chand Patel Marg, Patna-800001.
... ... Respondent/s ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 17053 of 2022)
For the Petitioner/s : Mr. S.B.K. Manglam, Advocate Mr. Awnish Kumar, Advocate Mr. Vikash Kumar Singh, Advocate For the State : Mr. P.K. Shahi, Advocate General Mr. Vikas Kumar, A.C. to AG Mr. Abbas Haider, SC-6 Mr. Wasi Mohammad, AC to SC-6 For S.E.C. : Mr. Ravi Ranjan, Advocate Mr. Girish Pandey, Advocate For the Intervenor : Mr. Anand Kumar Singh, Advocate Mr. Dharmendra Kumar, Advocate (In Civil Writ Jurisdiction Case No. 4223 of 2023)
For the Petitioner/s : Mr. Rahul Shyam Bhandari, Advocate Mr. Dayanand Singh, Advocate Mr. Dhananjay Kashyap, Advocate For Respondents/Intervenors
5,6,7 to 15 and 16 : Mr. Y.V. Giri, Sr. Advocate Mr. Ranjeet Choubey, Advocate Mr. Shyam Kishore, Advocate For the State : Mr. P.K. Shahi, AG Mr. Vikas Kumar, Advocate For S.E.C. : Mr. Girish Pandey, Advocate Mr. Ravi Ranjan, Advocate (In Civil Writ Jurisdiction Case No. 5806 of 2023)
For the Petitioner/s : Mr. Basant Chaudhary, Sr. Advocate Mr. S.S. Thakur, Advocate Mr. Arvind Kumar, Advocate Mr. Shashi Bhushan Kumar, Advocate For the State : Mr. P.K. Shahi, Advocate General Mr. Vikas Kumar, Advocate Mr. Yogendra Prasad Sinha, AAG-7 Mr. Rakesh Ambastha, AC to AAG-7 For S.E.C. : Mr. Girish Pandey, Advocate Mr. Ravi Ranjan, Advocate ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY
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 exercise by which the criteria adopted for providing reservations under Article 15(4) and 16(4) are extended for the purpose of ensuring electoral representation to Extremely Backward Classes, (for brevity, EBC) as distinguished from Other Backward Classes (for brevity, OBC), unique to the State and such distinction arising from the Reservation Act.
2. The election scheduled, reserving the seats for EBC category to the municipal bodies in the State of Bihar was found to be in violation of the dictum laid down by the Hon’ble Supreme Court. The Secretary, State Election Commission was directed to carry out the elections after re-notifying the seats reserved for the OBC category treating them as general category seats. It was opined that the State of Bihar could consider enacting a comprehensive legislation pertaining to reservations in elections to local bodies in-line with the directions issued by the Hon’ble Supreme Court in the cited decisions.
3. A review was filed from the aforesaid judgment by the State of Bihar and State Election Commission asserting that the EBC Commission was appointed for also ascertaining the political backwardness of the EBC. It was submitted that the State would confer the Commission, with the status of a dedicated commission for the aforesaid purpose and make a reference to the Commission, so as to ensure compliance with the decisions of the Hon’ble Supreme Court. The State Election Commission also submitted before Court that the elections would be conducted immediately after the receipt of the report. The said submissions were recorded and the review petitions were not pressed. It was clarified that the expression OBC in the judgment under review would also include EBC. Here, we have to pertinently notice that EBC & OBC; as distinguished in the Reservation Act, both comprise of backward classes as normally understood.
4. Subsequently, one of the petitioners approached the Hon’ble Supreme Court against the order in the review petitions, in which Special Leave Petition, there was initially an interim order dated 28.11.2022 directing that the EBC Commission shall not be notified as a dedicated commission. Later, when the matter came up for hearing the Hon’ble Supreme Court noticed that the EBC Commission had already been notified as a dedicated commission; before the interim order on 21.10.2022. It was also noticed that based on the report of the Commission, the State Election Commission made reservation of seats in municipal elections; which stood concluded. The Hon’ble Supreme Court noticing that the constitution of the Commission and the content of the report is already pending consideration before the High Court, relegated the petitioners to the High Court where they were permitted to raise the questions raised before the
