Verma, C.J.I - (1.) -The only question which arises for consideration in this appeal is whether the appellant, who belongs to a backward class but had been elected to the Jambusar municipality from an unreserved seat, could stand for election for the post of President of the Municipality which was reserved for a backward class candidate or whether the candidate for that post could only be a person who was elected to the municipality from a seat which was reserved for the backward class.
(2.) With a view to provide for setting up of democratic institutions at the grass root level, by virtue of 73rd Amendment to the Constitution, Part IXA providing for establishment of the municipalities was incorporated in the Constitution. Article 243- Q, inter alia, provides for the setting up of municipalities in urban areas and Art. 243-T requires all seats in the municipalities to be filled by persons chosen by direct election. For this purpose each municipal area is to be divided into territorial constituencies to be known as wards from where the election takes place. Reservation of seats for Scheduled Castes, Scheduled Tribes and women is required to be provided for by virtue of Article 243T of the Constitution which reads as follows: "243-T.- Reservation of seats - (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may, by law, provide. (5) The reservation of seats under Clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under Clause (4) shall cease to have effect on the expiration of the period specified in Article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens."
(3.) The aforesaid Article not only provides for reservation of seats for Scheduled Castes and Scheduled Tribes and women in the municipalities but also envisages that such reservation of seats shall be by rotation. In addition to reservation to the municipalities, sub-article (4) also contemplates the State Legislatures providing, by law made in this behalf, reservation for the Scheduled Castes, Scheduled Tribes and women to the post of chairperson in the municipalities. Further to the aforesaid reservation for Scheduled Castes, Scheduled Tribes and women, sub-article (6) of Article 243T empowers the State Legislatures to make provision for reservation of seats, in any municipality or offices of Chairperson in the municipalities, in favour of backward class citizens.;