SHANTILAL KALYANJI PANDIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged the allotment of reserved seats for women to Wards No. 14 and 16 for election to Bhanvad Nagar Panchayat. At the previous election in 1985 the reserved seats for women were allotted to Wards No. 10 and 12. It is submitted that this time Wards No. 13 and 15 should have been allotted reserved seats for women instead of Wards No. 14 and 16. Rule 43A of Gujarat Gram & Nagar Panchayat Elections Rules 1962 provides for the manner of allotment of reserved seats by rotation between different wards. Sub-Rules (4) and (5) read as follows:

(2.) It is thus clear that if the aforesaid example to sub-rule (4) is extended the rotational reservations at succeeding elections would be as follows:

(3.) Sub-rule (4) is subject to sub-rule (5) which provides for reservation and allotment of seats to Scheduled Castes & Scheduled Tribes. Therefore if any of these Wards No. 13 and 15 were to be reserved for S. C. and S. T. then only some change would be required. In the present case no such situation arises because the reserved seats for Scheduled Castes in the ensuing election are Wards No. 4 and 8. Therefore Wards No. 13 and 15 are not reserved for allotment to Scheduled Castes and Scheduled Tribes. Therefore operation of sub-rule (5) does not come into play. Therefore under sub-rule (4) Wards No. 13 and 15 are required to be reserved for allotment to women and not Wards No. 14 and 16. The authorities were therefore wrong in allotting reserved seats for women. To that extent the allotment of reserved seats of Wards No. 14 and 16 is quashed and set aside and the authorities are directed to allot reserved seats in Wards No. 13 and 15. Rule is made absolute accordingly. Election which was due in 1991 could not have been held because of the interim order granted in this petition. The authorities are therefore directed to see that the election is held with utmost expedition. No order as to costs.