SATYABRATA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioner has assailed the notification issued by the Housing and Urban Development Department, Government of Orissaon 8.1.1997 under Sub -rule (6) of Rule 67 of the Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Elections) Rules, 1994. The notification is at Annexure -4. By the said notification office of the Chairpersons of some Municipalities has been reserved under Sub -section (4) of Section 47 of the Orissa Municipal Act, 1950 (for short 'the Act'). Under the impugned notification the office of the Chairperson of Dhenkanal Municipality was reserved for backward class citizens.

(2.) ACCORDING to the writ petitioner, the said notification was issued without taking into consideration the population factor of backward classes of the area, which is the requirement under the constitutional amendment. It has also been stated that from its inception the office was meant for general citizens, but not resereved either for S.C./S.T. or any other category and even after constitutional amendment this office was kept for unreserved category. The petitioner has stated that under the constitutional provision, for reservation of the office of Chairperson of any municipality or N.A.C. population factor is to be taken into consideration. The petitioner has referred to the first notification dated 25.5.1996 (Annexure -1) under which office of Chairperson of Dhenkanal Municipality was notified as general seat. Objection was called for and finally by notification dated 7.8.1996 (Annexure -2) the seat was kept unreserved under Sub -rule (6) of Rule 67 of the Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Elections) Rules, 1994. However, according to the writ petitioner, without considering the population factor, a notification was issued on 16.11.1996 rescinding the earlier notification vide Annexure -2.

(3.) ADDITIONAL affidavit has been filed by the petitioner wherein it has been stated that the office of chairperson of Dhenkanal Municipality has been reserved without taking into consideration the population factor or any statutory provision. It was a pick and choose method inasmuch as in Bargarh and some other named municipalities, the office was unreserved.