HEERA LAL UMAR Vs. STATE OF U P

JUDGEMENT

(1.) VASUDHAIVA KUTUMBAKAM, a sukta of one of our ancient Veda - Riga Veda, means "The Whole World is One Family". It is the code of life that is embedded in our heart beat, in our breath, in birth, in death, in our food, in love, in the experience of life and all that it contains. It is always and has always been true. People in our country have long cherished values which, in modern times, are best expressed under the rubric of universalism and various dimensions of democracy. Before the colonial intervention of the west and the rulers of the foreign origin, the participatory mode of governance from the grass roots to the top, devolution of political power at all levels, and cultural plurality were hallmarks of our social-political system. We had our own failings such as the obnoxious practice of untouchability. Mahatma Gandhi, the Father of Nation, called such persons as "Harijan" - son of God. The communitarian principles manifested through the caste system degenerated into hierarchical fundamentalism leading to a wide gap between the members of the society. For a section of the society all material resources and posts/offices were available in plenty. For others who were not so fortunate even one square meal was not available. These persons remained backward and were cut off from the main stream of the nation's life. After our country got independence from foreign rule, the founding fathers of our Constitution in the true spirit of Vasudhaiva Kutumbakam like any parent who take special care for any child who by birth or by other natural circumstances or otherwise is not equal to other children, were concerned for the upliftment of socially backward classes identified as Scheduled Castes and Scheduled Tribes and that is why special provisions for those people were made in the matter of membership of State Legislature and Parliament for a specified period and also in the matter of public employment. After a passage of four decades, when the necessity was felt for making provisions for local self-government both at the village panchayat level and urban municipality, while amending the Constitution, specific provision was made providing for reservation for specified categories of persons which by now not only meant Scheduled Castes, Scheduled Tribes but also women and persons belonging to other socially backward classes both for the membership as also for the Chairpersons. We are reminded of the well known principle enunciated by the famous scientist Newton - "To every action there is always an equal and opposite reaction and action-reaction forces act on the different bodies", commonly known as Newton's Third Law of Motion, not only applies to the field of science but has universal application in our life also. Here the reaction is by way of challenge regarding the constitutional validity of the provisions in the Constitution enabling the State Legislature to make laws for providing reservation for the office of Chairpersons in municipalities for persons belonging to Scheduled Castes, Scheduled Tribes, women and other socially Backward classes. Whether it is within the framework of the Constitution and is permissible or not, is the question on which thought provoking arguments have been advanced in the present two writ petitions.

(2.) In Civil Misc. Writ Petition No.2247 of 2001 the two petitioners, Heera Lal Umar and Bhikhari Lal, who are residents of town Gola Bazar, district Gorakhpur, have challenged the provisions of clauses (4) and (6) of Article 243-T of the Constitution of India, as inserted by the Constitution (Seventy-fourth Amendment) Act, 1992 (hereinafter referred to as "the Constitution Amendment Act"), in Part IX-A of the Constitution of India, as unconstitutional. It may be mentioned here that the whole of Part IX-A was inserted by the aforementioned Constitution Amendment Act. They have also challenged the validity of the provisions of Section 9-A(5) of the U.P. Municipalities Act, 1916 (hereinafter referred to as "the Act") and the U.P. Municipality (Reservation and Allotment of Seats and Offices) Rules, 1994 (hereinafter referred to as "the Rules") as amended from time to time and to declare them as ultra vires. Apart from the aforesaid challenge, the petitioners have also sought for quashing of the notification dated 24.10.2000 and the subsequent election of the President in respect of the Nagar Panchayat, Gola Bazar, District Gorakhpur with a further direction to the Secretary, Nagar Vikas, Government of Uttar Pradesh, respondent no.1, to conduct fresh election of the President, Nagar Panchayat, Gola Bazar, district Gorakhpur, according to the provisions of the amended Rules whereas in Civil Misc. Writ Petition No.63611 of 2005 which has been filed by Dr. Naresh Chandra who claims himself to be the President, Nagar Palika Parishad, Mawana, district Meerut, the provision of Section 9-A(5) of the Act is sought to be declared as invalid in law and also for quashing the Rules. He has further sought a writ in the nature of mandamus directing the Principal Secretary, Local Body, U.P., Lucknow, respondent no.1, not to reserve the post of the President in the coming election of the Nagar Palika Parishad and treat it as a general seat so that the candidates of all categories may contest the election and the citizens also have a better choice of electing a better candidate. In this petition, Dr. Naresh Chandra has not challenged the validity of clauses (4) and (6) of Article 243-T of the Constitution of India. Briefly stated, the facts giving rise to both the petitions are as follows:-

(3.) In Civil Misc. Writ Petition No.6364 of 2005, filed by Dr. Naresh Chandra, who claims to be a renowned surgeon of Mawana, district Meerut had been elected as the President of the Nagar Panchayat Parishad, Mawana, in the election held in the year 2000, which office, at that time, was not reserved for any of the specified categories. He has approached this Court on the ground that the respondents are bent upon to declare the schedule of reservation for the post of the Presidents of the Nagar Panchayat Parishads and to hold the election thereafter on the basis of such reservation. According to the petitioner, the post of the President of the Nagar Panchayat Parishad is a single unit post and no reservation on such post can be made. We have hard Sri Kunal Ravi Singh, learned counsel, and Sri V.K.S.Chaudhary, learned senior counsel, in the writ petition filed by Heera Lal Umar; Sri Ravi Kiran Jain, learned senior counsel, assisted by Sri Ajai Rajendra, Advocate, on behalf of the petitioner in the writ petition filed by Dr. Naresh Chandra; Sri S.M.A.Kazmi, learned Additional Advocate General, assisted by Sri S.P.Kesarwani, Standing Counsel, on behalf of the State of U.P. and other State respondents and Sri Devi Shanker Shukla, learned Standing Counsel, appearing for the Union of India.