- (1.) This order shall dispose of LPA No. 1294 of 2010, CWP Nos. 15518 of 2010, 15515 of 2010, 15977 of 2010, 16000 of 2010, 17672 of 2010, 16272 of 2010, 15791 of 2010, 15782 of 2010, challenging the reservation of wards said to be contrary to Section 8 of the Punjab Municipal Act, 1911 (for short 'the Act') and the Delimitation of Wards of Municipalities Rules, 1972 (for short 'the Rules').
(2.) The facts are taken from LPA No. 1294 of 2010 for facility of reference. The said appeal arises out of an order passed by the learned Single Judge on 08.09.2010, whereby the writ petition filed by the appellant was dismissed. In the said case, the elections to Nagar Panchayat, Raja Sansi constituted under Section 4 of the Act with 13 wards, were due in the month of October, 2010 after completion of 5 years of its tenure. In terms of Section 8 of the Act, wards are to be reserved for Women, Scheduled Castes and Backward Classes. Section 8 was substituted vide Punjab Act No. 11 of 1994 consequent to insertion of Chapter IXA in the Constitution of India by 74th Amendment w. e. f. 01.06.1993.
(3.) The relevant provisions of the Constitution of India and the Act are as under: Constitution of India "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 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. " Punjab Municipal Act, 1911 8. Reservation of seats. - 1["8(1) In every Municipality, out of the total number of elected members determined under sub-section (3) of section 12, the State Government shall, by notification, reserve - (a) such number of seats for the Scheduled Castes as may be determined by the State Government, subject to the condition that 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 bears to the total population of that area bears to the total population of that area, and, such seats may be allotted by rotation to different constituencies to be known as wards in the Municipality. (b) one seat for the Backward Classes, and, such a seat may be allotted by rotation to different constituencies to be known as wards in the Municipality. (2) Not less that one-third of the total number of seats reserved under clause (a) of sub-section (1) shall be reserved for women belonging to the Scheduled Castes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes 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 to be known as wards in the Municipality. Explanation, - In this section the expression, - (a) "Scheduled Castes" shall have the meaning assigned to them in clause (24) of Article 366 of the Constitution of India; and (b) "Backward Classes" means the Backward Classes as the State Government may, from time to time, declare by issuing a notification in the Official Gazette. ";