VIRENDER THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has filed the instant petition for the following reliefs:

(2.) The petitioner has sought above noted reliefs on the premise that the order dtd. 11/3/2022 (Annexure P-1) issued by respondent No.2 is wrong and illegal being in violation of Article 243T of the Constitution of India and also Himachal Pradesh Municipal Corporation Act, 1994 (for short'Act') and Himachal Pradesh Municipal Corporation Election Rules, 2012 (for short'Rules'). The main plank of challenge by petitioner to aforesaid order is that Summer Hill Ward of Shimla Municipal Corporation has been reserved for Woman (General) for third consecutive term. Firstly, it was reserved for Woman (General) in the year 2012, then in 2017 and now again vide order (Annexure P-1), it has been reserved for Woman (General) for ensuing general election of Municipal Corporation, Shimla to be conducted in 2022.

(3.) It has been contended on behalf of the petitioner that as per constitutional mandate of Article 243T (1) of the Constitution of India, the reserved seats are mandated to be allotted by rotation to different constituencies in a Municipality. It is further submitted that sub-sec. (5) of Sec. 10 of the Act provides for reservation of seats under sub-sec. s (1), (2), (3) and (4) thereof, by rotation to different constituencies in the municipal area in such manner as may be prescribed. The requisite prescription has been made in Rule 10 of the Rules. Sub-rule (5) of Rule 10 of the Rules provides that the seat once reserved for any category will have to be de-reserved in the next election.