BHAGWAT DAYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in the present writ petition is to the reservation of Ward No. 2 for Backward Classes for the third time in succession.

(2.) THE petitioner, a resident of Ward No. 2 of Municipal Council, Patran, has invoked the writ jurisdiction of this Court to challenge the reservation of Ward No. 2 for Backward Classes in the election held in the years 1994, 2000 and again in the year 2005. It is averred that the urban area of Municipal Council, Patran, was divided into 13 wards and Ward No. 2 was reserved for Backward Classes in the year 1994 and 2000 and after the delimitation of wards in the year 2005, Ward No. 2 has been again reserved for Backward Classes. It is contended that such reservation is against Article 243T of the Constitution of India and section 8(1)(b) of the Punjab Municipal Act, 1911 (hereinafter to be referred as "the Act").

(3.) BEFORE considering the respective contentions, reproduction of certain statutory provisions is relevant :-