AMISHA CHIRAG SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this Special Civil Application, a female councilor of Godhra Municipality has prayed for a declaration that the provisions of the Gujarat Municipalities [Reservation of SC, ST, BC, Women for the office of the President] 2nd Amendment Rules 2013 [the amended Rules, hereafter] is ultra vires, unconstitutional and violative of Articles 14, 15, 19 and 243T of the Constitution of India and Section 33 read with section 277 of the Gujarat Municipalities Act, 1963 [the Act, hereafter].

(2.) The case made out by the petitioner may be summed up thus:

(3.) The respondent-State has opposed the present application by filing an affidavit, and its defence may be summed up thus: