BAHUJAN SAMAJ PARTY Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY (ELECTION) DEPARTMENT, GOVERNMENT OF TAMIL NADU SECRETARIAT, FORT. ST. GEORGE, CHENNAI

JUDGEMENT

(1.) By this writ petition, challenge is made to G.O.(Ms) No.10 dtd. 17/1/2022 to reserve the post of Mayor for different Municipal Corporations. The petitioner has made challenge to the reservation of the post of Mayor for Avadi Municipal Corporation.

(2.) Learned counsel for the petitioner submits that the reservation to the wards of Municipal Corporation and the post Chairperson has to be provided as mandated by Article 243-T of the Constitution of India. Making specific reference to Article 243-T(4), he submits that the offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. He submits that to provide reservation to the post of Chairpersons in the Municipalities, no legislation was brought by the State and thereby, in the absence of it, reservation to the post of Mayor in question could not have been provided under the Tamil Nadu Town Panchayats, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The Rules are framed in the administrative side thus cannot considered to be the legislation of the State. Thereby, unless there is a provision under the Act legislated by the State, reservation to the office of the Chairperson of the Municipalities could not have been provided by the G.O., under challenge.

(3.) A reference of the Rules of 1996 was elaborately given. The respondents have issued the notification by referring to the Rules of 1996 to provide reservation to the post of Mayor of the Avadi Municipal Corporation. Therefore, the learned counsel for the petitioner submits that, in view of the fact that the Rules of 1996 could not have been given effect in absence of an Act in consonance to Article 243-T(4), the notification issued by the respondents deserves to be set aside.