DIPESH ARYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant petition under Article 226 of Constitution of India is being preferred by the petitioner, being crestfallen by the order dtd. 18/9/2020 (Annexure P/1) passed by the Collector District Sheopur as prescribed authority (respondent No.3 herein) whereby Collector District Sheopur reserved the ward No.2 (along with two other wards i.e. ward No.11 and 20) for reservation for representation of Scheduled Castes (hereinafter referred to as 'SC') candidate, whereas according to the petitioner ward No.10 ought to have been included as reserved ward for SC category candidate because of more number of people living in ward No.10 than in ward No.2.

(2.) Petitioner is also aggrieved by the letter dtd. 8/9/2020 (Annexure P/3) issued by Commissioner, Urban Administration and Development, respondent No.2 herein whereby he has given direction for reservation of ward No.2 instead of ward No.10. Petitioner is further aggrieved by notification Annexure P/11 issued by Urban Administration and Development Department.

(3.) Precisely stated facts of the case are that petitioner is resident of ward No.10 of municipality area Sheopur district Sheopur and is a member of SC category, therefore, entitled to cast his vote to the representative of his choice for the said ward in election of councillor/office bearer of Municipality Sheopur. State Government in exercise of power conferred by Sec. 433 read with Sec. 11 of M.P. Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act of 1956') and Sec. 355 read with Sec. 29-A of the M.P. Municipalities Act, 1961 (hereinafter referred as 'the Act of 1961'), made the rules -M.P. Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women), Rules 1994 (hereinafter referred as 'the Rules 1994') whereby the reservation in Municipalities, Panchayats and Municipal Corporation for different categories were prescribed.