Shyamal Kumar Sen, C.J. and G. P. Mathur, J. - (1.) This writ petition under Article 226 of the Constitution has been filed praying that the notification issued by the State Government on September 27, 2000 reserving only 7 wards in Nagar Palika Parishad, Farrukhabad for backward classes be quashed and a writ of mandamus be issued restraining the respondents from issuing any notification for holding election for the said Nagar Palika Parishad till the number of wards reserved for backward classes is increased.
(2.) Mrs. Poonam Srivastava, learned counsel for the petitioner has submitted that the last election for electing Sabhashads for Nagar Palika Parishad was held in the year 1995 on the basis of the census conducted in 1994. In the said election, the Nagar Palika Parishad was divided into 29 wards and 8 wards were reserved for backward classes. However, in the notification issued by the State Government on September 27, 2000 the wards reserved for backward classes have been reduced from 8 to 7. Learned counsel has elaborated her argument by submitting that though according to the population of the backward classes they are entitled to reservation in 10 wards in view of formula contained in U. P. Municipalities [Reservation and Allotment of Seats and Offices) Rules. 1994 but as their number cannot be more than 27 per cent, the number of wards to be reserved for them should be 8 as was done in the last election which was held in 1995.
(3.) The State Government in exercise of the powers conferred by Section 296 of the U. P. Municipalities Act read with Section 9A of the said Act has made the U. P. Municipalities [Reservation and Allotment of Seats and Offices) Rules, 1994. Rule 4 (1) provides the method for determination of seats to be reserved for Scheduled Castes and Scheduled Tribes. This rule was amended on April 20, 1995 and after the amendment it reads as follows : "4. (1) The number of seats to be reserved in a municipality for the Scheduled Castes or the Scheduled Tribes, or the backward classes under subsection (1) of Section 9A of the Act shall be so determined that it shall bear, as nearly as may be, the same proportion to the total number of seats in a municipality as the population of the Scheduled Castes in the municipal area or the Scheduled Tribes in the municipal area or the backward classes in the municipal area bears to the total population of such area and if in determining such number of seats there comes a remainder then if it is half or less than half of the divisor, it shall be ignored and if it is more than half of the divisor, the quotient shall be increased by one and the number so arrived at shall be the number of seats to be reserved for the Scheduled Castes or the Scheduled Tribes or the backward classes as the case may be : Provided that number of seats to be reserved in a municipality for the backward classes under sub-section (1) of Section 9A of the Act, shall not be more than twenty seven per cent of the total number of seats in a municipality." According to the aforesaid rule the number of wards to be reserved for backward classes has to be calculated on the basis of following formula : Number of wards x Backward Classes population of Nagar Palika Parishad Total number of population;