BHARAT CHEDA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. Pertin, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Govt. Advocate for respondent nos. 1 and 3; and Ms. N. Anju, learned standing counsel for the respondent no.2.

(2.) By filing this Public Interest Litigation under Article 226 of the Constitution of India, the petitioner, namely, Bharat Cheda, has assailed the letter dtd. 22/12/2025 [28/12/2025], issued by the Deputy Commissioner, Itanagar Capital Region, by which post of Mayor of Itanagar Municipal Corporation was reserved for women; and to direct the State Election Commission to conduct the election for the post of Mayor of Itanagar Municipal Corporation without reserving the post for women.

(3.) The learned counsel for the petitioner has submitted that the proviso to Sub-sec. (1) of Sec. 53 of the Arunachal Pradesh Municipal Corporation Act, 2019, prescribes that post of Mayor can only be reserved for Sheduled Tribes women by rotation or by drawing of lots only in the manner prescribed. It has been submitted that this would necessarily mean that the prescription regarding "manner" must be prescribed by the Legislature and thus,it was not permissible for the Deputy Commissioner to have the post of Mayor of Itanagar Municipal Corporation reserved for women and filled up by draw of lots at his own volition.