S. DHANUSHKODI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.

(2.) The Petitioner who is a practising Advocate in Chennai and a member of the Chennai Municipal Corporation during the years 1996 and 2006 representing Ward No.6 in Zone No.1, Cherian Nagar (Now ward No.39) is aggrieved by reserving the ward for Women General. Hence, he is before this Court. Challenging the decision of the Government, reserving more than 50% of the wards for women candidates in Chennai Corporation Council, thereby depriving him from contesting the election.

(3.) According to the petitioner, under Section 5(5) of the Chennai City Municipal Act, 1919, only 1/3rd of the seats in the Council were reserved for women. This provision was amended by Act 4 of 2016 of Tamil Nadu Municipal Law (Amendment Act) 2016 by increasing the reservation for women to 50%. Hence, the Government Gazette notification in G.O.Ms.No.VI (2)/46(d)/2019, dated 24.05.2019 indicating the wards reserved for persons belonging to SC/ST and women in Chennai City Municipal Corporation is challenged as far as reserving 105 wards for women (89 wards for women General and 16 wards for women SC/ST) out of total 200 wards, which exceeds 50% and contrary to Section 5(5) as amended by Act 4 of 2016.