DHRUBA CHARAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash final Notification No.4095 G & M dated 24.03.2011(Annexure -4) issued by opposite party No.2A -District Magistrate & Collector, Kendrapara showing division of the Wards and reservation of seats for General Election of Kendrapara Municipality 2011 and the order dated 27.04.2011 (Annexure - 6) passed by the appellate authority.

(2.) PETITIONER No.1 is a Senior Member of the Kendrapara Bar and resident of Ward No.11 of Kendrapara Municipality. Petitioner No.2 is a resident of Ward No.15 and an Ex -Councilor of the said Municipality.

(3.) PETITIONERS ' case in a nutshell is that five year term of Kendrapara Municipality was to complete on 29.11.2011. As required under Section 12 of the Orissa Municipal Act, 1950 (for short, "Act, 1950") and the Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994 (for short, "Rules, 1994"), General Election to Kendrapara Municipality was to be conducted before expiry of the said date. To start with the process of general election by the State Election Commission to Kendrapara Municipality, it is mandatory to divide the Municipal area into Wards and to reserve seats for Scheduled Caste (SC), Scheduled Tribes (ST), Backward Class Citizens (BCC) and Women. In so dividing a Municipal area into Wards, equitable distribution of population as per 2001 Census report among different Wards and the compactness of the area shall have to be taken into consideration, strictly basing on the provision under Section 12(3)(b)(i) and (ii) of the Act read with the Rules, 1994 framed thereunder. Simultaneously, reservation of seats for SC, ST, BCC and Women is to be made strictly basing on the provisions of Section 11 of the Act read with Rules 2A and 3 of the Rules, 1994 and Article 243 T of the Constitution of India. As per the aforesaid provisions of the Act, 1950 and the Rules, 1994, the District Magistrate is the competent authority who has been vested with the power for delimitation of Wards and reservation of seats after inviting objections/suggestions at his level and to issue final Notification under subsection (3) of Section 12 read with Rule 2A (5). Opposite party No.2 vide letter No.2642/HUD dated 31.01.2011 (Annexure -1) wrote to opposite party No.2ADistrict Magistrate expressing the desire of State Election Commission to complete the delimitation of Wards and reservation of seats positively by 31.05.2011. In the said letter, opposite party No.2 clearly apprised opposite party No.2A about the statutory requirements of dividing the Municipal area into Wards, equitable distribution of population as per 2001 Census Report among different Wards and the compactness of the area as well as simultaneous reservation of seats for SC, ST, BCC and Women with strict compliance of Sections 11 and 12(3) of the Act read with Rule 3 of the Rules, 1994. Opposite party No.2 indicated the detailed programme for delimitation of Wards, Reservation of seats in respect of conduct of Election to Kendrapara Municipality as approved by the State Government. Pursuant to the aforesaid letter dated 31.01.2011, opposite party No.2A issued Draft Notification No.282 G and M dated 05.03.2011 under Rule 2A(1) showing division of Wards in Kendrapara Municipality and invited objections/suggestions from persons interested. As per the said notification, the Municipal Council has been divided into 21 Wards for the purpose of ensuing election of Councilors and the seats were reserved under Section 11 of the Act as per Statement -I and Statement -II respectively.