INDERJIT Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of LPA No. 1294 of 2010, CWP Nos. 15518 of 2010, 15515 of 2010, 15977 of 2010, 16000 of 2010, 17672 of 2010, 16272 of 2010, 15791 of 2010, 15782 of 2010, challenging the reservation of wards said to be contrary to Section 8 of the Punjab Municipal Act, 1911 (for short 'the Act') and the Delimitation of Wards of Municipalities Rules, 1972 (for short 'the Rules').

(2.) The facts are taken from LPA No. 1294 of 2010 for facility of reference. The said appeal arises out of an order passed by the learned Single Judge on 08.09.2010, whereby the writ petition filed by the appellant was dismissed. In the said case, the elections to Nagar Panchayat, Raja Sansi constituted under Section 4 of the Act with 13 wards, were due in the month of October, 2010 after completion of 5 years of its tenure. In terms of Section 8 of the Act, wards are to be reserved for Women, Scheduled Castes and Backward Classes. Section 8 was substituted vide Punjab Act No. 11 of 1994 consequent to insertion of Chapter IXA in the Constitution of India by 74th Amendment w. e. f. 01.06.1993.

(3.) The relevant provisions of the Constitution of India and the Act are as under: