ARCHANA DHAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioner challenging constitutional validity of Section 31 of cantonment Act, 2006 and Rule 6 (b) of the Cantonment election Rules, 2007 framed by the Govt. of India in exercise of powers conferred under section 30 of Cantonment Act, 2006.

(2.) THE petitioners have submitted that they are resident of ward No. 7 and 3 respectively of Cantonment Board, Mhow. The Cantonment Act, 2006 was published in the Gazette on 14. 9. 2006. The cantonments constituted under the Act have been broadly classified in four categories on the basis of population. Cantonment Board, Mhow has been placed in category (1 ). As per section 12 (3) such a Board is comprised of 8 elected members. Section 31 (d) of the Act provides that the Rules framed by the Central Government may provide for reservation of wards for election of the scheduled caste, scheduled tribes and women.

(3.) PETITIONERS have submitted that section 31 confers unbridled and uncanlised power on the Central Government to make rules regulating elections. No policy has been laid down in the act in the aforesaid matter. It has been left to the discretion of the executive to provide for reservation for such category of candidates, thus section 31 suffers from the vice of excessive delegation.