ZEESHAN REHMAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE in this petition is made to a notification dated 7.10.2014 issued by Collector, Bhopal in the matter of reserving Ward No.20 under the Municipal Corporation, Bhopal and declaring an unreserved category woman, challenging the reservation on the ground that it is contrary to the provisions of Rule 3 & 4 of the M.P. Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994.

(2.) SHRI Kumaresh Pathak, learned Dy.A.G., points out that the Election Commission has already declared the election programme for the Municipal Corporation in question and now when the election process has commenced interference by the writ Court is not called for, instead the writ petitioner may either represent to State Election Commission or file an election petition after the elections are over. Once the election programme and model code of conduct has been issued, interference in the matter is not called for by this Court.

(3.) WE have considered the submission made and are of the opinion that once the election process has been put into motion and when the reservation made for conduct of the election is challenged, it is not appropriate for the writ Court to look into the matter. The petitioner may challenge the same after the elections are held or may bring this fact to the notice of the State Election Commission or the State Government and it would be for these authorities to look into the matter. For the present, no case is made out for interference in the election process.