Ajay Kumar Mittal, J. - (1.) This order shall dispose of CWP Nos. 21840 and 22072 of 2016 as according to the learned counsel for the parties, the issue involved in both the petitions is identical. However, the facts are being extracted from Civil Writ Petition No. 21840 of 2016.
(2.) In Civil Writ Petition No. 21840 of 2016 filed by the petitioner Dr. Sat Pal Goyal under Articles 226/227 of the Constitution of India, challenge is to the notification dated 14.10.2016, Annexure P.8 issued by the State Election Commission, UT Chandigarh whereby Ward No. 23 has been reserved for Scheduled Caste candidate for the coming election of Municipal Corporation, Chandigarh, 2016. Further prayer has been made for a direction to the respondents to hold the election for the post of Municipal Councillor of Ward No.23 for general category of Municipal Corporation, Chandigarh. In Civil Writ Petition No. 22072 of 2016, prayer has been made for quashing the notification dated 14.10.2016, Annexure P.6, issued by respondent No.4 whereby Ward No.9 of the Municipal Corporation, Chandigarh has been reserved for Women (general) in violation of Section 6(2) of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 (in short, "the 1994 Act"). Prayer has also been made for a direction to respondent No.4 to re-determine the reservation for Ward No.9 as per notification dated 19.09.2016, Annexure P.5.
(3.) A few facts relevant for the decision of the controversy involved as narrated in Civil Writ Petition No.21840 of 2016 may be noticed. The petitioner is a permanent resident of Ram Darbar, Phase-II, Union Territory, Chandigarh. His name was duly entered in the Electoral Roll of Ward No.23 of the Municipal Corporation, Chandigarh at serial No. 218. He is an active social worker, President of Ram Darbar Agarwal Sabha, Senior Vice President of "Lok Jan Shakti Party", and Member of Food Corporation of India, Union Territory, Chandigarh. He is also doing various social works for the upliftment and welfare of the public. The Municipal Corporation, Chandigarh came into being in the Union Territory of Chandigarh under the Punjab Municipal Corporation Act, 1976 (in short, "the 1976 Act") as extended to the Union Territory, Chandigarh by the 1994 Act. There was an amendment in the Constitution i.e. 74th Amendment in 1992 whereby more powers and responsibilities were given to the Local Self Government Institution. By the said amendment, it was provided that some wards/constituencies should be reserved for the weaker sections of the society i.e. for Scheduled Caste, women and backward class to the same proportion to the total number of seats to be filled by direct election and to be allotted by rotation to different constituencies in a Municipality/Corporation as per Article 243-T of the Constitution of India. The territorial area of Municipal Corporation, Chandigarh was divided into 20 wards. The method of reservation of wards for Scheduled Castes Community, SC Women and Women was adopted in the year 1996 i.e. first election after the 74th amendment and the following wards were reserved for these categories in the year 1996:- JUDGEMENT_57_LAWS(P&H)12_2016.html Vide notification dated 19.09.2016, the number of wards of entire Municipal area of the said Corporation was increased from 20 to 26. The Department of Local Government, Chandigarh Administration further reserved five seats of Councillors for the members of Scheduled Castes (including two reserved for women Scheduled Castes candidates) and nine seats for women candidates (including two reserved for women belonging to the Scheduled Castes) vide notifications dated 25.09.2006. Thereafter, the Department of Local Government, Chandigarh Administration, issued a publication on 25.10.2016 whereby area of Municipal Corporation of Chandigarh was divided into wards for the purpose of election of Councillors of Municipal Council, Chandigarh. As per sub Section (2) of Section 6 of the 1994 Act, the Administrator, UT, Chandigarh reserved following wards for the purpose of election of Municipal Council, Chandigarh held on 20.12.2006 and the result was duly notified on 23.12.2006 as under:- JUDGEMENT_57_LAWS(P&H)12_20161.html In the year 2011, the Local Government, Chandigarh Administration issued letter dated 14.10.2011, Annexure P.6-A for holding general election of Municipal Corporation, Chandigarh. The following wards were reserved for the purpose of election of Municipal Council, Chandigarh:- JUDGEMENT_57_LAWS(P&H)12_20162.html According to the petitioner, for the last two elections i.e. 2006 and 2011, Ward No. 23 was reserved for Scheduled Castes and for Women. Earlier to the year 2006, the area of Ram Darbar, Phase-II was part of Ward No. 18, which was also reserved for women belonging to Scheduled Castes in the year 2001. As per rotation and in view of the Article 243-T of the Constitution of India, Ward No.23 should be reserved for general public in the year 2016 but the respondents have again reserved the said ward for Scheduled Caste community which is against the provisions of the 1994 Act and the Rules. The petitioner belongs to the general class of society. He is very keen to contest the election for this ward as he has done various development works in the area. The Petitioner made a representation on 10.10.2016, Annexure P.7 with a request to prepare the roster in view of the provisions of the 1994 Act and the Rules but no action has been taken so far. Instead, the respondents issued list of reserved ward of Municipal Council of Municipal Corporation, Chandigarh on 14.10.2016 for the election of Municipal Council to be held in the second week of December. Hence, the instant writ petitions with the prayers as mentioned above.;