RAMESH DUTTA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THE Challenge and Resistance :

(2.) IN these writ petitions the common challenge is to the Notification dated 17.02.2007 bearing F.No. SEC/MCD/Admn./2007/3938 issued by the Election Commissioner of The National Capital Territory of Delhi in purported exercise of powers conferred by sub-sections (7) and (8) of section 3 of The Delhi Municipal Corporation Act, 1957 (hereinafter referred to as "the DMC Act") read with the Government of India, Ministry of Home Affairs Notification No. U-14011/187/93-Delhi dated 14.12.19931, whereby the number of seats to be reserved for women belonging to the Scheduled Castes from amongst the seats reserved for the Scheduled Castes were determined to be 16 and the number of seats for women (General) from amongst the unreserved seats to be 76 and the same were allotted to the wards as per the table given in the notification itself. The challenge is that:-

(3.) BEFORE I take up these issues, a brief note on the background would be necessary. The Municipal Corporation of Delhi was established under section 3 of the DMC Act. The Councillors are chosen by direct election from the various wards into which Delhi is divided. Initially, the total number of councillors was eighty (80) and, twelve (12) seats out of these were reserved for members of the Scheduled Castes2. By virtue of the Constitution (Seventy-fourth) Amendment Act, 1992, Part IX-A pertaining to municipalities was inserted in the Constitution. This was followed by amendments in the DMC Act by virtue of Act No. 67 of 1993 which, inter alia, assigned 134 wards to DMC. By a notification dated 20.12.1993, the Lt. Governor of the NCT of Delhi, in exercise of powers conferred by sub-section (6) of section 3 of the DMC Act and on the basis of the population of Delhi as per the 1991 Census, determined the number of seats to be 134 and also determined that, out of these seats, 25 shall be reserved for the members of Scheduled Castes keeping in view the ratio of Scheduled Caste population to the total population of Delhi based on the 1991 Census.