SHYAMLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) 1987 JLJ 18. In that case it has been categorically laid down that the percentage of seats reserved for SC/ST in a Municipality has to be calculated in relation to total number of elected councillors and not in relation to total strength of elected and nominated councillors. Though the case was under the Municipalities Act the principle applies to Municipal Corpn. also. Faced with the aforesaid Full Bench ruling, Shri T.N. Singh (Addl. A.G.) concedes that the impugned reservation is excessive and only 10 seats could be reserved. He further prays that in view of the clear position of law the case be finally decided at this stage alone and be not kept unnecessarily pending. 2. The next question is as to which of the two wards out of the 12wards reserved for SC/ST be de -reserved now. The petitioner has no objection to reservation of Ward No. 57 for S.T. Thus, we have to decide which two of the 11 reserved wards left should be de -reserved. Admittedly, out of the reserved wards Ward No. 37 and 11 have the least SC population. If the number is to be curtailed, these wards have to be de -reserved. 3. For the aforesaid reasons we allow this petition, quash the reservation of Ward No.37 and 11 of Indore Municipal Corporation and direct that they shall not be treated as reserved for SC. There shall be no order as to costs.