JAYESH Vs. MADHYA PRADESH STATE ELECTION

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India takes exception to the entire process of reservation of Municipal Wards adopted by the respondents No.2 and 3 contrary to the procedure prescribed under the Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994 (herein after referred to as "the Reservation Rules, 1994") and also for quashing the impugned notification dtd. 6/11/2020 (Annexure P/3) issued by the respondent No.2 (The State of Madhya Pradesh) in pursuance to the Rule 7 of the Rules of 1994, whereby the list of Reserved Wards has been published in the Madhya Pradesh Gazette, finalizing the reservation of Municipal Wards of Indore Municipal Area, without following the due process of "Rotation of Wards", as required under Rule 4 of the Rules of 1994.

(2.) According to the petitioners, the process adopted by the respondents for reservation of the Indore Municipal Wards is illegal, unconstitutional and irrational and thus, deserves to be quashed.

(3.) Brief facts giving rise to the petition are that the petitioners are eligible to cast their votes in the Municipal Elections and also fulfill the eligibility criteria to contest Municipal Elections, as provided under the Madhya Pradesh Municipal Corporation Act, 1956 (herein after referred to as the Act of 1956).