PATIMAL CHANDRA DAS Vs. STATE ELECTION COMMISSION ASSAM

JUDGEMENT

(1.) By this petition, filed on 9.7.97 and brought in the name of Public Interest Litigation (PIL), the petitioner, a practising Advocate, claiming to be General Secretary of Cachar District Branch of Asom Anusuchit Jati Parishad, a registered society prays for quashing of notification dated 11.6.97 issued by the Govt. of Assam and the Fax message dated 15.6.97, issued by the State Election Commission. Both these documents are reproduced below as a ready reference. The petitioner also prays for a writ of Mandamus, commanding the respondents to treat the office of the Chairperson, Silchar Municipality as reserved for Scheduled Caste women.

(2.) Heard learned counsel for the petitioner, learned Govt. Advocate Mr. Bora for the State and Mr. Saikia, Sr. Advocate for the Election Commission.

(3.) Before dealing with the submissions made, it would be proper to note the background of events. The Assam Municipal Act, 1956 was amended in: 1994 so as to bring it in tune with Article 243 T of the Constitution, as amended by Constitution (Seventy Fourth Amendment) Act, 1992, providing for reservation of seats for Scheduled Castes and Scheduled Tribes in every Municipality. Accordingly Sec. 33(1) of the Assam Municipal Act was amended by Amendment Act of 1994.