SUNIL Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has prayed for following reliefs in this case :-

(2.) THE case of petitioner is that in the ensuing election for Municipal Corporation, Khandwa, respondent No. 1 has reserved Ward No. 3 Surajkund Ward, Ward No. 8 Sant Raidas Ward, Ward No. 24 Lakkad Bazar Ward, Ward No. 31 Singhad Talai Ward, Ward No. 40 Jawaharganj Ward and Ward No. 42 Mahatma Gandhi Ward for Scheduled Caste persons, while in the election of 1994, five wards were reserved namely : Ward No. 7 Dr. Ambedkar Ward, Ward No. 3 Sant Raidas Ward, Ward No. 26 Sanjay Gandhi Ward, Ward No. 31 Singhad Talai Ward and Ward No. 42 Mahatma Gandhi Ward. In the election of December, 1999, same wards which were reserved in the year 1994 were reserved. The grievance of the petitioner is that under Rule 4 of M. P. Municipalities (Reservation of Wards of Scheduled Castes and Scheduled Tribes, Other Backward Classes and Woman) Rules, 1994 (hereinafter referred to as 'rules'), the reservation should have been made by rotation. The wards which were earlier reserved for a category should not have included in the lot for the reservation of that category until such ward does not come again in the serial of reservation. As Ward No. 8 Sant Raidas, Ward No. 31 Singhad Talai and Ward No. 42 Mahatma Gandhi were reserved for Scheduled Caste in the earlier elections, in the circumstances these wards ought not to have been reserved this year, and reservation of these wards for Scheduled Castes be quashed.

(3.) LEARNED Counsel appearing for respondents submitted that in the process of election under Section 10 of M. P. Municipal Corporation Act, 1956 (hereinafter referred to as "act"), steps have to be taken for determination of number and extent of wards. Under Section 11 reservation of wards has to be done and under Section 11-A of the Act, reservation of the office of the Mayor has to be done. The reservation for Scheduled Castes and Scheduled Tribes is governed by the Rules. Rule 3 of the Rules is in respect of the reservation for Scheduled Castes and Scheduled Tribes. The same rule is applicable for the reservation for other backward classes and women. Rule 4 of the Rules provides reservation of wards in respect of subsequent election. The principle of rotation is not applicable in the case of reservation for Scheduled Castes and Scheduled Tribes as per Rule 3, and same rule has been followed in the case of Municipal Corporation, Khandwa. The criteria for reservation is ratio of population in the wards itself. As per census of 2001, population of Scheduled Caste persons in the wards is as under :-S. No. Ward No. Name of Total Scheduled Caste Ward Population Total Percentage population (%) 1. 8 Sant Raidas 3601 1854 51. 48 2. 31 Singhad 3957 1384 34. 97 Talai 3. 3 Surajkund 6087 2061 33. 85