ABDUL RASHID KHAN MAMOO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India raises an important question of law in the matter of reservation of the offices of Mayor in the Municipal Corporations in the State of Maharashtra under section 19 (1a) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter called the Act) read with the Maharashtra Municipal Corporations (Reservation of Offices of Mayor) Rules, 1994.

(2.) THE elections to the Municipal Corporation of Aurangabad were held on 16th April, 1995. The Municipal Corporation of Aurangabad consists of 82 Councillors elected at the ward elections. Out of 82 seats, only one seat of Councillor being ward No. 55, Kotwalpura, was reserved for Scheduled Tribes. The petitioner had contested the elections and got elected from ward No. 55 which was reserved for the candidate of Scheduled Tribe. The respondent No. 5 was elected from ward No. 56, which was a general category ward and the respondent No. 6 was elected from ward No. 53, which was reserved for woman (general ).

(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 Chairperson in Municipalities shall be reserved for the Scheduled Castes, Scheduled Tribes and women in such manner as the Legislature of the State may, by law, provide. Accordingly, the Legislature of the State amended the Bombay Provincial Municipal Corporations Act, 1949. By the said amendment, section 5-A, providing for reservation of seats at elections of the Municipal Corporations and section 19 (1-A) providing for reservation for the offices of the Mayor in the Corporation, came to be inserted by the Maharashtra Act No. 41 of 1994. Sections 19 (1-A) reads as follows: 19 (1-A) There shall be reservation for the offices of the Mayor in the Corporation, by rotation, for Scheduled Castes, Scheduled Tribes, Woman and the Backward Class of Citizen, in the prescribed manner. "