NARENDRA SACHIDANAND KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Heard forth.

(2.) THE petitioner is a Councillor of the Ahmednagar Municipal Corporation and was also the Chairman of the Standing Council of the Ahmednagar municipal Corporation. According to the petitioner, the petition has been filed for the purpose of challenging the legality and the validity of the reservations declared by respondent No. 3 for Scheduled Castes, Scheduled Tribes, Other backward Classes including seats reserved for women. The petitioner has stated that the basis for reserving the wards for S. C. , S. T. and O. B. C, is the respective population of that category in the concerned ward. The formation of wards for the Ahmednagar Municipal Corporation is under progress and as long as the wards are not finalised, it is not possible to determine the population of any ward much less the population of any particular category in that ward. As the very basis of reservation is population of the ward and as the population of the ward is yet to be determined, the reserved wards cannot be determined. The petitioner, therefore, by the present petition has sought relief, to quash and set aside the reservations for S. C. , S. T. , O. B. C. , and women as notified by respondent No. 3 and issue necessary orders for the said purpose. The further relief sought for is by way of mandamus or directions to direct respondent Nos. 2 and 3 who are the Ahmednagar Municipal Corporation and its Officers to determine the reservation of the wards of the Ahmednagar Municipal corporation in terms of section 5-A of the Bombay Provincial Municipal corporations Act, 1949, after the formation of the wards and issue necessary orders for the said purpose.

(3.) THE basic contention, therefore, of the petitioner is that unless wards are first finalised, no reservation can be made wardwise, as the population of S. C. , s. T. , and O. B. C. , and like figures in the wards would not be available.