YEMUL MALLESHAM RAYMALLU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties. Rule, By consent of the parties, rule made returnable forthwith.

(2.) THE facts of the case shortly mentioned are as under : the Ahmednagar Municipal Council has been devided in 48 wards. The ward elections for the Ahmednagar Municipal Council were held on 1-11-1996 and out of 48 wards, in all 9 wards namely Ward No. 2, 11, 15, 18, 22, 25, 35, 37 and 40 were reserved for the persons belonging to other Backward class category. The petitioner No. 1 was elected from Ward No. 2 whereas the petitioner No. 2 was elected from Ward No. 40 and both the wards were reserved for other Backward Class citizens. Both the petitioners belong to the other Backward Class category whereas the respondent No. 4, though belongs to other Backward Class category, contested elections from Ward No. 16 and got elected from the said ward which was earmarked for general category as it was not a ward reserved for either Scheduled Caste, Scheduled Tribes, other Backward Class or woman-category. The Collector, Ahmednagar issued order bearing No. MUN-Desk-/6-A/1285/95 and the seat of President of Ahmednagar Municipal Council came to be reserved for O. B. C. category in the first year. The election to the post of the President was scheduled on 17-12-1996 and for the first year the office of the President was reserved for the member belonging to O. B. C. category. It is pertinent to note at this stage that though there are 9 Councillors including the present two petitioners, who have been elected from the wards reserved for O. B. C. category, none of them filed nomination for contesting the election of the President of Ahmednagar Municipal Council and the respondent No. 4 had filed his nomination though he belongs to O. B. C. community but was not elected from the ward which was reserved for O. B. C. category. The respondent No. 4 thus got elected as President of Ahmednagar Municipal Council in the elections held on 17-12-1996 and therefore, the petitioners have approached this Court challenging the said election of the respondent No. 4 as a President, which was reserved for the O. B. C. category in the first year by rotation.

(3.) ARTICLE 243-T of the Constitution provides for reservation of seats in self-governing institutions constituted under Article 243-0. 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 a 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 51-1a of the Act provides that the office of the President shall be reserved for the Scheduled Castes, the Scheduled Tribes, Woman and the Backward Class of citizens in the prescribed manner.