PARWATIBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE short question which falls for our determination in this writ petition under Article 226 of the Constitution of India is whether the respondent No. 4, who was elected from the ward reserved for general woman category, is entitled to contest the election to the post of President of the Municipal Council which is reserved for the category of Other Backward Class women.

(2.) THE elections to the Municipal Council of Mukhed were held on 19th January, 1997. The Municipal Council of Mukhed consists of 17 councillors elected at the ward elections. Out of the 17 seats, only one seat is reserved for the category of Other Backward Class woman. The petitioner had contested the election from Ward No. 1, which was reserved for Other Backward Class woman and declared elected. The respondent No. 4 contested the election of Ward No. 13 which was reserved for general women and she was also declared elected.

(3.) ARTICLE 243-T of the Constitution provides for reservation of seats in self-governing institutions constituted under Article 243-O. Article 243-T (4) states that the offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and woman in such manner as the Legislature of a State may, by law, provide. Article 243-T (6) says that nothing in this part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of Backward Class of citizens. Accordingly, the Legislature of the State enacted necessary provisions by inserting the necessary amendments in the Maharashtra Municipalities Act, 1965 which is now named as Maharashtra Municipal Councils, Nagar Panchayats Act, 1965. Section 10 of the Act provides for division of Municipal area into wards and reservation of wards for woman, Scheduled Castes and Scheduled Tribes, and Other Backward Classes. Section 51-IA of the Act provides that the office of the President shall be reserved for the Scheduled Castes, the Scheduled Tribes, Women and the Backward Class of citizens in the prescribed manner.