VIDYANAND 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 September 27, 2000 reserving only 7 wards in Nagar Palika Parishad, Farrukhabad for backward classes be quashed and a writ of mandamus be issued restraining the respondents from issuing any notification for holding election for the said Nagar Palika Parishad till the number of wards reserved for backward classes is increased.

(2.) Mrs. Poonam Srivastava, learned counsel for the petitioner has submitted that the last election for electing Sabhashads for Nagar Palika Parishad was held in the year 1995 on the basis of the census conducted in 1994. In the said election, the Nagar Palika Parishad was divided into 29 wards and 8 wards were reserved for backward classes. However, in the notification issued by the State Government on September 27, 2000 the wards reserved for backward classes have been reduced from 8 to 7. Learned counsel has elaborated her argument by submitting that though according to the population of the backward classes they are entitled to reservation in 10 wards in view of formula contained in U. P. Municipalities [Reservation and Allotment of Seats and Offices) Rules. 1994 but as their number cannot be more than 27 per cent, the number of wards to be reserved for them should be 8 as was done in the last election which was held in 1995.

(3.) The State Government in exercise of the powers conferred by Section 296 of the U. P. Municipalities Act read with Section 9A of the said Act has made the U. P. Municipalities [Reservation and Allotment of Seats and Offices) Rules, 1994. Rule 4 (1) provides the method for determination of seats to be reserved for Scheduled Castes and Scheduled Tribes. This rule was amended on April 20, 1995 and after the amendment it reads as follows :