- (1.) Since in both the writ petitions similar issues are involved, they are decided by this common judgment.
(2.) By way of these writ petitions a challenge has been given to the amendment made in the Rajasthan Municipalities Act. Two amendments have been made pursuant to the Rajasthan Municipalities Bill, 2009. First challenge pertains to amendment in section 6, wherein, sub-sections (6) and (7) have been amended. The amendment, so made, reads as under: "6. Composition of Municipality. - (1) to (5) ...... (6) One half of the seats reserved for the Scheduled Castes or the Scheduled Tribes or the Backward Classes shall be reserved for the women belonging to such Castes, Tribes or, as the case may be, Classes. (7) One half including the number of seats reserved under sub-section (6) of the total number of seats shall be reserved for women" As a consequence of the aforesaid amendment in the Act, amendment under the Rajasthan Municipalities (Election) Rules, 1994 has been made. Rules 5 and 6, as amended, read as under: "2.Amendment of rule 5.-In rule 5 of the Rajasthan Municipalities (Election) Rules, 1994, hereinafter referred as the rules, - (i) in sub-rule (4) for the existing expression "one-third", the expression "one-half" shall be substituted. (ii) in sub-rule (7) for the existing expression "one-third", the expression "one-half" shall be substituted. (iii) in sub-rule (10) for the existing expression "one-third", the expression "one-half" shall be substituted. (iv) in sub-rule (11) for the existing expression "one-third", the expression "one-half" shall be substituted. 3. Amendment of rule 6.-In rule 6 of the said rules, - (i) in sub-rule (2) for the existing expression "one third" the expression "one half" shall be substituted. (ii) in sub-rule (3) for the existing expression "one third" the expression "one half" shall be substituted." Apart from the aforesaid challenge, a further challenge has been made to the amended provisions of section 21A (after the existing clause 21 and before the existing clause 22) of the Rajasthan Municipalities Act. Section 21A, as added, reads as under: "21A. Special qualification for election on certain seats.- Notwithstanding anything to the contrary contained in any provision of this Act or of any other law for the time being in force, a person shall not be eligible for election on such seats in a Municipality, as may be determined by the State Government in the prescribed manner, unless he or she is within the age group of twenty one years to thirty five years and is otherwise eligible for election on such seats: Provided that - (i) not more than two seats each from the seats reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes or women in a Municipality shall be determined under this section; (ii) where number of seats reserved in a Municipality for any of the Scheduled Castes, Scheduled Tribes, Backward Classes or women is three or less than three, only one seat from such Castes, Tribes, Classes or, as the case may be, women shall be determined under this section; (iii) where number of unreserved seats in a Municipality is five or less than five, only one from such seats shall be determined under this section; and (iv) where the number of unreserved seats in a Municipality is more than five, one seat out of each block of five such seats shall be determined under this section and any fraction of less than five seats shall be ignored."
(3.) The consequential amendment was made in the Rajasthan Municipalities (Election) Rules, wherein, Rule 7A was inserted, which reads as under: "7A. Determination of seats under section 21A.- The officer, after having determined the seats for Scheduled Castes, Scheduled Tribes, Backward Classes and Women, shall determine the seats for the persons having qualification as specified in section 21A of the Act, by draw of lots.";