TULSIRAM JATAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition shall decide the batch of connected petitions numbers W.P. 4882/99 (M.P. Singh v. Union of India and others) W.P. 4883/99, (Sudhir Ku. Sharma v. Union of India and others) W.P. 4905/99, (Kewal Kumar Bhalla and others v. Union of India and others) W.P. 4909/99, (R.D. Namdeo and another v. Union of India and others W.P. 49 -13/99 (Dr. Mueen Ansari and Anr. v. The State of M.P. and others) W.P. 4914/99, (Vishnu Dubey v. The State of M.P. and others) W.P. 4916/99, (Anis Ahmad Siddiqui v. Union of India and others W.P.4917/99 (Rajendra Awasthy v. State of M.P.) W.P. 5011/99, (Deepak Kumar Soni v. Union of India and others) W.P. 5057/99, (Vireendra Kumar Rai v. The State of M.P. and others) W.P. 5062/99, (Vyas Kashyap v. Union of India and others) W.P. 5058/99, (Yadu Nath Singh v. State of M.P. and others) W.P. 5059/99, (Bhajan Lai Sharma v. The State of M.P. and others) W.P. 5060/99, (Raman Popali v. State of M.P. and others) and W.P. 4855/99 (Ghanshyam Jamanani v. State of M.P.), which were heard analogously. In all these petitions the petitioners challenge the constitutional validity of the provisions of the State legislation contain in M.P. Municipal Corporation Act, 1956 and M.P. Municipalities Act, 1961 (hereinafter referred to shortly as the 'Corporation Act' and the 'Municipalities Act' respectively) whereby for the ensuing elections to the local bodies i.e. Corporation, Municipality and Nagar Panchayats provision have been made for reservation of seats in different wards of the Municipal Area and for Chair -persons in different percentages in favour of Scheduled Castes, Tribes Other Backward Classes, women from the reserved category and women from general category. In order to appreciate the nature of challenge made to the provisions in the two enactments containing the policy of reservations in favour of reserved categories of candidates for the election to the local bodies, it is necessary to examine the relevant provision of the Constitution and the provisions of the Act and the Rules under the two enactments in which reservations have been provided for different categories of candidates. By the Constitution (Seventy Fourth Amendment) Act, 1992 in the Constitution of India Part IX A was inserted to provide a uniform basis in all the States throughout India for Constitution of Local Self Governments in Urban Areas called as Municipal Corporation, Municipal Councils or Nagar Panchayats. A brief survey of Constitutional provisions is necessary to assess merit if any in the challenge made to the State Legislations for which the source of power derived from Part IXA of the Constitution. Article 243 -P of the Constitution contains definition clauses in which under Sub Clause (e) 'Municipality' is defined as meaning "an institution of self -government constituted under Article 243 -Q". In Article 243 -Q the Local Self Government Institutions are described as Nagar Panchayat "for a transitional area, that is to say, an area in transition from a rural area to an urban area". Municipal Council for a smaller urban area and Municipal Corporation for a larger urban area. The other definition clause is Sub -clause (g) of Article 243 -P which defines 'Population' as under - (g) 'Population' means the population as ascertained at the last preceding census of which the relevant figures have been published.

(2.) THE last census in India was done in the year 1991 and the next census is now due only in the year 2001. Article 243 -R provides for composition of Municipalities by election to the seats to be carved out on the basis of territorial constituencies in the municipal area meaning the territorial area of a municipality or the local self Government institution being the Corporation, Municipality or Nagar Panchayats as the case may be. Article 243 -T contains the provision for reservation of seats in favour of Scheduled Castes, Tribes Women and Other backward Classes. Article 243 -T needs full reproduction as its provisions are under construction and interpretation before us on the basis of arguments advanced by the counsel on the two sides. It reads as under - 243 -T. Reservation of seats. - (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area of the Scheduled Tribes in the Municipal area bear to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.

(3.) 11. Reservation of seats. - (1) out of the total number of wards determined under Sub -section (1) of Section 10, such number of seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Municipal Corporation as bears, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Municipal corporation as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area to the total population of that area and such wards shall be those in which the population of the Scheduled Castes or the Scheduled Tribes, as the case maybe, is most concentrated. (2) As nearly as possible twenty five percent, of the total number of wards shall be reserved for other backward classes in such Municipal Corporation, where fifty per cent, or less seats are reserved for Scheduled Castes and Scheduled Tribes, and such seats shall be allotted by rotation to different wards in such manner as may be prescribed: Provided that if from any ward so reserved no nomination paper is filed or election, as a councillor, by any member of the backward classes, then the Collector shall be competent to declare it as unreserved. (3) Not less than one -third of the total number of seats reserved under Sub -sections (1) and (2), shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or other backward classes, as the case may be. (4) Not less than one -third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and other backward classes), of the total number of seats to be filled by direct election in every Municipal Corporation shall be reserved for women and such seats shall be allotted by rotation to different wards in a Municipal Corporation in such manner as may be prescribed. (5) The reservation of seats under Sub -sections (1), (2) and (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India. Explanation. - In this section 'other backward classes' means category of persons belonging to backward classes as notified by the State Government.