RAJNARAYAN DHURVE Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-57
HIGH COURT OF MADHYA PRADESH
Decided on March 09,2021

Rajnarayan Dhurve Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

VIJAY KUMAR SHUKLA,J. - (1.) Regard being had to similarity of the matter, these matters are being decided by a common order as they relate to the reservation of ward of Municipal Council, Damoh.
(2.) In W.P. No.18612/2020 the petitioner has challenged the validity of the order dated 12-11-2020 so far it relates to the reservation of Ward No.5 as reserved seat for S.T. category. The petitioner has also prayed a direction to initiate the election proceedings as per earlier reservation order dated 29-01-2020, whereby the Ward No.6 has been reserved for S.T. category. During the pendency of the writ petition, the reservation has been finalized and gazette notification has been issued on 28-11-2020, by which the reservation of ward of Municipal Council Damoh has been finalized and therefore, the application for amendment was filed which has been allowed. By the impugned notification the ward 01 has been reserved for ST category in the Municipal Council Damoh and the Ward No.5 (Mission Ward) has been reserved for ST category in place of Ward No.6 (Chhatrasal Ward). The Contention of the learned counsel for the petitioner is that the population of the concerned category is more concentrated in Ward No.6 in comparison of Ward No.5. The said reservation is contrary to the provisions of M.P. Municipalities Act, 1961 and Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) of Rule, 1994 (hereinafter referred to as Rules, 1994).
(3.) In W.P. No.18826/2020, the petitioner has challenged the order dated 12-11-2020 whereby the respondent no.3 has recalled the earlier order dated 29-01-2020, whereby the reservation of the ward of Municipal Council Damoh was finalized. The respondent no.3 has recalled the order dated 29-01-2020 as per instructions dated 14-02-2020 issued by the respondent no.2 and reserved the Ward No.21 (Bharat Ward) for Scheduled Caste category candidate, whereas earlier as per final notification dated 29-01-2020, the Ward No.36 (Rani Damyanti Bai Ward) has been reserved for scheduled caste category candidate. It is submitted that the earlier reservation was made as per maximum population of the concerned category in the concerned ward as per gazette notification dated 26-08-1994. But, later the said order has been recalled for ST category. During the pendency of the writ petition, the final notification was issued on 28-11-2020 and therefore, by way of amendment, the said notification was challenged whereby 08 wards have been reserved for SC category candidates in the Municipal Council Damoh, out of them, Ward No.21 (Bharat Ward) has been reserved for SC category in place of Ward No.36 (Rani Damyanti Bai Ward) ignoring the population of the concerned category was more concentrated in Ward No.36 in comparison of Ward No.21.;


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