BHABISH DIHINGIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ application, the petitioner who has been elected as one of the Commissioner of Dhemaji Town Committee which was held on 2.12.2003 has challenged the legality and validity of the Notification dated 14.1.2004 by which the Dhemaji Town Committee has been notified to have Woman Chairman. By the said notification, the Chairmanship of the Dhemaji Committee has been reserved for women in general.

(2.) As per the averments made in the writ petition, the election to the Dhemaj Town Committee was held on 2.12.2003 in which the petitioner stood as an independent candidate from Ward No.1. He was initially projected as a candidate of the Indian National Congress and in fact was given the ticket. However, minutes before the filing of the nomination paper, the candidature of the petitioner as a candidate of the Indian National Congress was withdrawn and in his place the ticket was given to an women candidate namely Smti Reeta Pegu. This led to the petitioner contesting the election as an independent candidate. On successful completion of election, the results were declared on 3.12.2003 and the petitioner was declared elected from Ward No. 1.

(3.) The Dhemaji Town Committee consists of four Wards. Ward No.2 is reserved for women while the other two remaining wards are unreserved. As per the provision of the Assam Municipal Act, 1956, the elected Commissioner are required to elect one amongst them as the Chairman of the Town Committee. The amendment was brought in 1994 to the said Act of 1956 as per which 30% of the posts of Chairman are reserved for Women Commissioner. Under section 33 of the Act, the State Govt is empowered to determine and declare the particular Municipalities or Town Committees, which will have Women Chairperson. Section 33 further provides that Municipality and Town Committees having women as Chairman shall be so rotated that the percentage is preserved. In other words, if in one tenure the post of Chairman is reserved for women, irrespective of the fact whether belonging to Scheduled Castes or Scheduled Tribes on next tenure in view of the rotation, the said Municipality and Town Committees shall not be reserved for Women. The determination is to be made on the basis of rotation. The provision of section 33 are quoted below: