PUSHPA GENDARE Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) The petitioner, who is a voter of the Municipal Corporation, Bhilai-Charoda and belongs to Scheduled Caste (Woman) Category, has called in question the legality and validity of the notification dated 27-8-2015 (Annexure-P-1), whereby acting under sub-rule (3) of Rule 9 of the Chhattisgarh Municipalities (Reservation of Office of Mayor and President) Rules, 1999 (henceforth "the Rules, 1999"), the State Government has reserved the post of Mayor of Municipal Corporation, Bhilai-Charoda for the candidates belonging to the Scheduled Caste Category. The petitioner claims that the said post should have been reserved for Scheduled Caste (woman) category.

(2.) Brief facts, necessary to be referred for determination of the issue involved in the present writ petition, are that by notification dated 8-6-2015 issued under S. 7 of the Chhattisgarh Municipalities Act, 1956 (for short "the Act, 1956") the State Government established and constituted the Municipal Corporation, Bhilai-Charoda in Durg District. Prior to the notification, there existed a Municipal Council, Bhilai-Charoda, therefore, the entire area comprising within the boundaries of existing Municipal Council, Bhilai-Charoda were included in the boundaries of the Municipal Corporation, Bhilai-Charoda.

(3.) For holding election of the newly constituted Municipal Corporation, the State Government initiated the process of reservation of the post of Mayor for which the Director, Department of Urban Administration and Development was appointed as Prescribed Authority in accordance with the provisions contained in the Rules, 1999. By the impugned notification, the post of Mayor of Municipal Corporation, Bhilai-Charoda was eventually reserved for Scheduled Caste category, which is under assail in this petition.