ILIYAS AMIR MANIYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of present petition, the petitioner challenges the virus of Rule 2-A(a)(iv) of Rules which are called as Maharashtra Municipal Councils, Nagar Panchayat (President Election) Rules, 1981.

(2.) Shri Bhandari learned Counsel appearing for the petitioner submits that, by the said Rules a reservation is provided for women belonging to general category, so also a women from reserved category like the Scheduled Caste, the Scheduled Tribes, O.B.C, etc. Shri Bhandari further submits that a women form a class apart and further classification of reserved category i.e. women belonging to the Scheduled Caste, woman belonging to the Scheduled Tribe and women belonging to O.B.C. is not permissible under the constitutional scheme. Relying on provisions of Article 15(3) and 15(4), it is submitted that, reservation is provided under Article 15(3) of Constitution of India to women. So far as other reserved categories are concerned it is provided under Article 15(4) of the Constitution of India. Therefore, he submits that, since the source of reservation for women and backward class is under different provisions of the Constitution, overlapping reservation to that extent is not permissible under the Constitutional Scheme.

(3.) On facts learned Counsel for the petitioner submits that, in so far as the Manvat Municipal Council, with which the petitioner is concerned, there would be reservation for women for continuous period of 10 years. He submits that, in some other Municipal Councils, there is reservation for women for 15 years. He submits that, this would deprive the male citizen of such municipal councils from holding the office of President of the Municipal Council for substantial period and as such, the impugned rule requires to be quashed and set aside. Learned Counsel for the petitioner further submits that, even from the perusal of Article 243-T, it would reveal that reservation is provided for women only and not for women belonging to the Scheduled Caste, the Schedule Tribe, etc.