SHOBHA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Special Appeal is preferred against the Order passed by the learned Single Judge in Writ Petition (M/S) No. 3627 of 2024 dtd. 10/1/2025, whereby the learned Single Judge has dismissed the Interim Relief Application of the appellant/writ petitioner.

(2.) Mr. K.K. Tiwari, learned counsel appearing for the appellant, has submitted that the appellant herein filed Writ Petition (M/S) No. 3627 of 2024 challenging the Notification No. 1536/IV(3)/2024-11 /2024 dtd. 23/12/2024, issued by the respondent no. 2, whereby the post of Mayor, Nagar Nigam, Almora has been reserved/allotted for Other Backward Caste Category. The petitioner sought a direction to declare the post of Mayor, Nagar Nigam, Almora as General (Women).

(3.) Mr. K.K. Tiwari, Advocate, has contended that the appellant is a permanent resident of District Almora. She wants to contest the election for the post of Mayor, Nagar Nigam, Almora. As per the Municipal Corporation (Reservation and Allocation of Seats and Posts) Rules, 2024, the criteria for reserving the seat is population. Rule 6(3) (kha) of the said Rules, 2024 provides that where there is a population less than ten thousand then such category shall be excluded from reservation. The population of OBC Category in Nagar Nigam, Almora is 2513, the population of the Scheduled Caste Category is 5575 and the unreserved population is 30663 as per 2011 census. The Nagar Nigam, Almora seat in the tentative list was kept reserved for General Category (Women), but, after finalizing the tentative list, it has been reserved for OBC Category without any basis.