Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the part of the notification No. 175/2012, Ranchi dated 03.01.2018 so far as it relates to Sl. No. 9, Dumka Municipal Council, whereby Form '3' which relates to reservation roster of the Municipal Councils in State of Jharkhand, has been notified by the State Election Commission in exercise of power conferred under Rule 9 of the Jharkhand Municipal Election and Election Petition Rules, 2012 (hereinafter referred to as "the Rules, 2012"). By way of filing an I.A No. 2288 of 2018, the petitioner has also sought to challenge the notification No. 1221 dated 07.03.2018 by which a recommendation has been made under Section 539 of the Jharkhand Municipal Act, 2011 (hereinafter referred to as "the Act, 2011") for conducting municipal election on 16.04.2018 in all Municipal Corporations, Municipal Councils and Nagar Panchayats within the State of Jharkhand.
(2.) The factual background of the case as stated in the writ petition is that for conducting the Jharkhand State Municipal Election, 2018, the Secretary, State Election Commission in exercise of power conferred under Rule 9(2) of the Rule, 2012 issued notification in the prescribed Form 3 of the Rule, 2012 vide notification No. 175/2012 dated 03.01.2018 by which reservation roster of all the nineteen (19) Municipal Councils has been notified and Dumka Municipal Council has been reserved for women candidates.
(3.) The learned counsel for the petitioner submits that in 2008 municipal election, the seat of Chairperson of Dumka Municipal Council was reserved for women candidates. Again in the year 2013 municipal election, the seat of Chairperson for Dumka Municipal Council was reserved for women candidates and now for the third term i.e., in 2018 Municipal Election, without considering the provisions of the Constitution of India and Jharkhand Municipal Act, 2011, the seat of Chairperson for Dumka Municipal Council has again been reserved for women candidates. It is further submitted that the respondents have acted in violation of the mandatory provisions under Article 243-T of the Constitution of India and Section 16 read with Section 27 of the Act, 2011 as well as Rules 5 and 6 of Rules, 2012. It is also submitted that Article 243-T of the Constitution of India and also Section 16 r/w Section 27 of the Act, 2011 mandate that the seats for election of Chairperson shall be reserved in rotation. The petitioner made representation to the Secretary, Jharkhand State Election Commission (respondent No. 3) on 04.01.2018, but no action has been taken. The learned counsel for the petitioner further submits that so far as paragraph No. 7 of Example 1 of the Schedule appended with the Rules, 2012 is concerned, the same is flexible in nature and if the provisions of paragraph No. 7 is read with Rule 8 (ka), then, though for the present year, the seat for Dumka Municipal Council, Dumka is to be reserved for women candidates, however, in case of such an anomaly, the same is required to be applied in such a manner so as to achieve the purpose of Article 243 (T)(4) of the Constitution of India and Section 27(2)(f) of the Act, 2011.;