G.P.Mathur, J. - (1.) The dispute in the present writ petition relates to reservation of seat for the office of Adhyaksha (President), of Nagar Panchayat, Dataganj, district Budaun. In the election held in the year 1995, the seat was reserved for a candidate belonging to Backward Class. A notification was issued by the State Government on September 30, 2000, providing that the seat for the office of Nagar Panchayat, Dataganj is reserved for Backward Class. The petitioner seeks quashing of the said notification. He has also prayed that a writ of mandamus be issued commanding the respondents to declare the seat for the aforesaid office as unreserved and open for candidates of general category.
(2.) Sri Ramendra Asthana, learned counsel for the petitioner has contended that in view of Article 243T of the Constitution and Section 9A of U. P. Municipalities Act, 1916 (hereinafter referred to as the Act), there should be a rotation in the matter of reservation of seats and as the office of President of Nagar Panchayat. Dataganj had been reserved for a candidate of Backward Class in the last election held in the year 1995, the said office should not be reserved for a candidate belonging to Backward Class again in the forthcoming election likely to be held in November, 2000 and it should have been left open for a candidate belonging to general category. Sri Ashok Mehta, learned chief standing counsel and Sri Sabhajeet Yadav, learned standing counsel, who have appeared for respondents 1 to 3, have submitted that the provision regarding rotation of seats has no application for the office of the President of Nagar Panchayat and, therefore, no illegality has been committed in reserving the office of President. Nagar Panchayat. Dataganj, for a candidate belonging to Backward Class again and the petitioner has no legal right to claim that the said office should be left unreserved for a candidate belonging to general category.
(3.) In order to examine the contention raised by the learned counsel for the parties, it Is necessary to notice the relevant provisions of the Constitution and the Act. Part IXA of the Constitution relates to Municipalities and Article 243T in the said Part deals with reservation of seats, which reads as under : "243T. 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 Chair-persons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manners 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 seals in any Municipality or offices of Chairpersons in the Municipalities in favour of Backward Class of citizens.";