PRATAP NARAYAN Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution, has been filed praying that the notification issued by the State Government on 27.9.2000 providing for reservation of wards in Nagar Palika Parishad, Farrukhabad, be quashed.

(2.) It is averred in the writ petition that Nagar Palika Parishad. Farrukhabad, has been divided into 29 wards. In the election held in the year 1995, the wards were reserved on the basis of the population as ascertained in the census held in the year 1991. Accordingly, 17 wards were reserved for General Candidates, 8 wards were reserved for Backward Classes and 4 wards were reserved for Scheduled Caste candidates. In the notification issued by the State Government on 27.9.2000, the number of wards reserved for Scheduled Castes candidates have been reduced from 4 to 3.

(3.) Mrs. Poonam Srivastava, learned counsel for the petitioner has contended that after 1991, no fresh census has been held and, therefore, for the purpose of election scheduled to take place in November, 2000 the figure published in the 1991 census have to be accepted in view of Article 243P (b) of the Constitution and also Section 2 (16) of the U. P. Municipalities Act, 1916. According to the learned counsel, if the number of wards to be reserved for Scheduled Castes is calculated on the basis of the formula provided in the relevant rules by taking into account the aforesaid population, the same could not be reduced from 4 to 3.