OM PRAKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of two petitions i. e. CWP no. 11484 of 2008 and CWP No. 10447 of 2008, as the common questions of law are involved in these petitions.

(2.) IN both these petitions, the petitioners have prayed for quashing Rule 5 of the determination of the Number of Elected members and Reservation of Officers of presidents of Municipalities Rules, 1994 (hereinafter referred to as 'the Rules of 1994')and Schedules III, IV, V and VI of these Rules, being illegal, arbitrary, unjust, discriminatory and unconstitutional, with a further direction to the State government to draw a fresh single Roster of Reservation by arranging the municipalities in the State of Punjab in alphabetical order on the basis of Punjabi (Gurmukhi script) and then hold the forthcoming remaining elections to the post of presidents of the Municipalities in State of punjab.

(3.) PETITIONER Nos. 1 to 9 in CWP No. 11484 of 2008 are the elected members from different Wards of the Municipal Council. Gobindgarh and petitioner No. 10 is the member of Legislative Assembly from Amloh constituency and is Ex-officio Member of the municipal Council, Gobindgarh. The petitioner in cwp No. 10447 of 2008 is a resident of Gobindgarh. The elections of Municipal Council, Gobindgarh were held on 30-6-2008. The office of President of the municipal Council, Gobindgarh has been reserved for Scheduled Caste category. The election to the office of President of this municipal Council is yet to be held. The case of the petitioners is that respondent No. 1 has illegally reserved the office of the President of municipal Council, Gobindgarh for the Scheduled Caste category, whereas it should have been reserved for General category. In order to establish their case, the petitioners have challenged the legality and constitutionality of Rule 5 of the Rules of 1994, Schedules III, IV, V and VI of these rules and have prayed that the State Government should draw a fresh single Roster of Reservation by arranging the Municipalities in the State of Punjab in alphabetical order on the basis of Punjabi (Gurmukhi script)and thereafter hold the forthcoming elections to the offices of Presidents of various Municipalities, including the Municipal council, Gobindgarh.