RAJIV GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The dispute in the present writ petition relates to reservation of seat for the office of Adhyaksha (President), of Nagar Panchayat, Dataganj, district Budaun. In the election held in the year 1995, the seat was reserved for a candidate belonging to Backward Class. A notification was issued by the State Government on September 30, 2000, providing that the seat for the office of Nagar Panchayat, Dataganj is reserved for Backward Class. The petitioner seeks quashing of the said notification. He has also prayed that a writ of mandamus be issued commanding the respondents to declare the seat for the aforesaid office as unreserved and open for candidates of general category.

(2.) Sri Ramendra Asthana, learned counsel for the petitioner has contended that in view of Article 243T of the Constitution and Section 9A of U. P. Municipalities Act, 1916 (hereinafter referred to as the Act), there should be a rotation in the matter of reservation of seats and as the office of President of Nagar Panchayat. Dataganj had been reserved for a candidate of Backward Class in the last election held in the year 1995, the said office should not be reserved for a candidate belonging to Backward Class again in the forthcoming election likely to be held in November, 2000 and it should have been left open for a candidate belonging to general category. Sri Ashok Mehta, learned chief standing counsel and Sri Sabhajeet Yadav, learned standing counsel, who have appeared for respondents 1 to 3, have submitted that the provision regarding rotation of seats has no application for the office of the President of Nagar Panchayat and, therefore, no illegality has been committed in reserving the office of President. Nagar Panchayat. Dataganj, for a candidate belonging to Backward Class again and the petitioner has no legal right to claim that the said office should be left unreserved for a candidate belonging to general category.

(3.) In order to examine the contention raised by the learned counsel for the parties, it Is necessary to notice the relevant provisions of the Constitution and the Act. Part IXA of the Constitution relates to Municipalities and Article 243T in the said Part deals with reservation of seats, which reads as under :