B. RAJAN BARANBASS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition has been filed to challenge the notification dtd. 17/1/2022, whereby Ward No.31 of the Chennai City Municipal Corporation was reserved for Scheduled Caste (Women). The prayer is to reserve it for Scheduled Caste (General).

(2.) Learned counsel for the petitioner submits that as per Article 243(T) of the Constitution of India, the respondents are under obligation to rotate the reservation of Wards to different categories. The respondents have failed to follow the mandate of the Constitution and thus, a challenge is made to the impugned notification.

(3.) Learned Advocate-General appearing for the first respondent submits that the respondents have not violated any mandate of the Constitution. In fact, earlier, elections were held based on the census of 2001 and thereafter, census of 2011 was undertaken. The election was scheduled to be held in 2016, but for certain reasons, it could not be held. The delimitation took place in between based on the census, resultantly, alteration of boundaries of Wards. As a consequence of it, Ward No.31 was reserved for Scheduled Caste (Women). The Constitution provides delimitation in every 10 years and the rotation of seats cannot be maintained ignoring the delimitation. The effect of delimitation and the rotation have to be taken note of. In the instant case, the respondents have not violated any of the mandate of the Constitution and, therefore, a prayer is to dismiss the writ petition.