BAIJNATH CHHABIRAM Vs. GOVERNMENT OF M P

JUDGEMENT

(1.) THIS petition is directed against the determination of the number of seats reserved for Scheduled Castes in the Municipal Council, mehgaon, constituted under the provisions of M. P. Municipalities Act, 1961. The petition is at the instance of an elector and also seeks to challenge the election of Municipal Councillors held on 4-12-1974 on the ground that wrong determination of the number of seats reserved for Scheduled Castes in the council has resulted in a Constitution of the Council which was not according to law and thus vitiating the election as a whole.

(2.) BEFORE the last election, the Municipality of Mehgaon was divided into 5 wards for election of its 5 Councillors. There were no reserved seats for Scheduled Castes. Under section 29 of the Madhya Pradesh Municipalities act, the State Government is enjoined from time to time generally or specially in respect of each Municipality by notification to determine the number of elected and selected Councillors. After fixing the number of councillors, the Municipality is divided into wards with definite territorial limits. Then the number of Councillors to be elected from each ward is fixed. Under sub-clause (iii) of sub-section (b) of section 29 (1), it is required to fix the number of reserved seats for Scheduled Castes and Scheduled Tribes. The number to be fixed for the reserved seats is to be in the same proportion as provided in Articles 330 and 332 of the Constitution of India. It is then necessary to allot the wards for the Scheduled Castes or Scheduled Tribes. The Government, in exercise of the powers contained in section 29, determined the number of elected Councillors to be 10 and the number of selected councillors to be 2 in respect of the Mehgaon Municipality. Thereafter, the municipality was divided into 10 wards for election of 10 Councillors. Out of this, one seat was reserved for Scheduled Castes. This determination and fixation was notified in M. P. Rajpatra, dated 9-11-1973. An election on this basis was held on 4-12-1974 and the results were notified in Madhya Pradesh rajpatra, dated 17-1-1975. Thereafter, in a meeting of the elected Councillors held on 28-12-1974, 2 Councillors were selected. The respondent No. 7 was elected as President in a meeting held on 17-2-1975. After the entire elections and selections have been done, this petition has been filed on 19-2-1975 as already stated challenging the election on the ground that the reservation of seats for the Scheduled Castes has not been done in accordance with section 29 of the Act. We would, therefore, proceed to consider the contention.

(3.) THE population of Mehgaon consists of 5284 persons out of which 711 are persons of Scheduled Castes. The population of the Scheduled Castes is thus 13. 46 per cent of the total population. The above figures are not disputed. The petitioner contends that the Government has determined that the Municipality shall consist of 12 Councillors; 10 would be elected and 2 would be selected. Under clause (iii) of sub-section (b) of section 29 (1)of the Act, it is contended that the number of seats to be reserved for Scheduled Castes must bear the same proportion with the number of seats in the council as the population of the Scheduled Castes bears with the general population of the Municipality. The reservation for Scheduled Castes seats, it is contended, must be with reference to 12 seats and not 10 seats. If the proportion of the reservation is calculated with reference to 12 seats, the proportion would work out to 1. 72 for the Scheduled Castes and then two seats would be reserved for Scheduled Castes. This raises a question whether for fixing the number of reserved seats, the number of seats in the Council should be taken to be 10 which are elected seats or the total twelve seats which include two selected Councillors.