MUSHTAQ AHMAD Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner before this Court is a resident of Kichha, District Udham Singh Nagar. The election of the urban local bodies is to be held shortly in Uttarakhand. The petitioner has challenged the notification dated 28.04.2018, by which a tentative notification proposing reservation for 39 Nagar Palika Parishads in Uttarakhand has been made. Admittedly, in total, there are 41 Nagar Palika Parishads in Uttarakhand and vide the impugned notification, no reservation has been proposed for two Nagar Palika Parishads, namely, Bazpur and Srinagar.

(2.) Learned Additional Advocate General for the State could not give a reasonable explanation before this Court as to why these two Nagar Palika Parishads have been left out while determining the tentative reservation in Nagar Palika Parishads of the State.

(3.) Learned Senior Counsel for the petitioner Sri U.K. Uniyal has relied upon sub-section (5) (1) of Section 9-A of the Uttar Pradesh Municipalities Act, 1916, wherein reservation has been given for the office of President in Municipal Councils and Nagar Panchayats. Section 9-A of the Uttar Pradesh Municipalities Act, 1916 reads as under:-